UC-NRLF 

HUH  HIM! 


THE 


SCHOOL  LAWS 


AND 


SCHOOL  LAND  LAWS 


OF 


NEBRASKA, 

As  REVISED  AND  AMENDED  IN 

1903. 

WITH  EXPLANATORY  NOTES,  CITATIONS,  SUPREME  COURT  DECI- 
SIONS, AND  OFFICIAL  DECISIONS  OF  THE  STATE 
SUPERINTENDENT 


USE  OF  SCHOOL  OFFICERS. 


BY  WILLIAM  K.  FOWLER, 

i  NT  OF  PUBLIC  INSTRUCTION. 


LINCOLN,  NEBRASKA. 
1903 


GIFT  OF 


THE 


SCHOOL  LAWS 


AND 


SCHOOL  LAND  LAWS 


OF 


NEBRASKA, 

*  ^ 

As  REVISED  AND  AMENDED  IN 

1903. 

WITH  EXPLANATORY  NOTES,  CITATIONS,-  SUPREME  COURT  DECI- 
SIONS, AND  OFFICIAL  DECISIONS  OF  THE  STATE 
SUPERINTENDENT 


USE  OF  SpHpOL  OFFICERS. 


BY  WILLIAM  K.  FOWLER, 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


LINCOLN,  NEBRASKA. 
1903 


v 


PEEFAOE. 


The  new  laws  have  been  incorporated  under  appropriate  sub- 
divisions, and  properly  indexed,  so  that  no  difficulty  will  be 
experienced  in  finding  them.  Those  that  were  passed  without 
an  emergency  clause  and  therefore  do  not  go  into  effect  until 
July  9,  1903,  are  mentioned  in  a  footnote.  If  amendatory,  the 
law  of  1901  should  be  consulted  until  July  9,  1903. 

The  subject  of  each  section  is  printed  in  bold  faced  type. 
Many  important  Supreme  Court  decisions  relating  to  school 
matters  and  official  decisions  of  this  department  have  been  added. 
It  is  hoped  that  these  features  will  commend  this  edition  to  all 
who  may  find  occasion  to  use  it. 


Superintendent  of  Public  Instruction. 


381698 


BUSINESS  CALENDAR 


I.— DISTRICT  MEETINGS. 

t  PAGE 

1.  Time  of  holding  (annual  meeting)  last  Monday  of  June 22 

2.  Place  of  holding. 

(a)    In  schoolhouse,  if  there  be  one,  or, 

(&)    In  some  other  suitable  place  in  the  district. 

3.  Special  meeting 22 

(a)    By  whom  and  how  called. 

'&)    Object  of  meeting  must  be  stated. 

Jc)     Fifteen  days  notice-  necessary 23 

Notice  of  meeting 23 

(a)    Posted  in  three  public  places  in  the  district. 
(6)    Posted  fifteen  days  before  date  of  meeting, 
(c)    State  the  day,  ho'ur,.  and  place  of  meeting. 

Qualifications  of  voters  at  district  meetings 23 

The  voter  (man  or  woman)  must  be  twenty  one  years  of  age. 
The  voter  (man  or  woman)  must  have  resided  in  tne  district 
for  a  period  of  forty  days  immediately  preceding  the  meet- 
ing. 

(c)  The  voter  (man  or  woman)  must  be  the  owner  of  real  estate 
in  the  district,  or  must  own  personal  property  that  was 
assessed  in  his  (or  her)  own  name  at  the  laet  annual 
assessment,  or  must  have  children  of  school  age  residing 
in  the  district. 
(d;)  Challenge. 

6.    Business  that  may  be  transacted  only  at  an  annual  district  meeting.    24 
(a)    Change  the  location  of  schoolhouse  site. 
(6)    Determine  the  number  of  mills  on  the  dollar  of  assessed  val- 
uation to  be  levied  for  all  purposes  (not  to  exceed  twenty- 
five  mills) — except  for  the  payment  of  bonded  indebted- 
ness.....      25 

(c)  Determine  the  number  of  mills  (not  exceeding  ten)  on  the 

dollar  of  assessed  valuation  to  be  expended  for  building, 
purchase,  or  lease  of  schoolhouse,  v.lien  there  are  no 
bonds  voted  for  such  purpose 25 

(d)  Give  directions  for  the  expenditure  of  the  building  fund —     2o 

(e)  Determine  the  length  of  time  school  shall  be  taught  in  the 

district  the  ensuing  year,  subject  to  the  provisions  of  sec- 
tion 14,  subdivision  2;  and  whether  the  money  apportioned 
or  voted  for  the  support  of  the  school  therein  shall  be  ap- 
plied to  the  winter  or  summer  term  or  a  certain  portion'to 

each 26 

(/)  Regular  election  of  necessary  officers  must  be  by  ballot.  (Of- 
ficers can  be  elected  at  special  meetings  only  to  fill  vacancies)  27 
(#)  R  quire  the  director  to  present  an  itemized  estimate  of  the 
amounts  necessary  to  be  expended  during  the  ensuing  year 
for  school  purposes,  also  a  statement  of  all  orders  drawn  on 
the  county  treasurer  a*d  on  the  distiict  treasurer Si 

(5) 


OF   NEBRASKA. 

PAGE 

(ft)  The  minutes  of  the  meeting  should  be  read,  corrected  (if 
necessary),  and  approved  by  a  vote  of  the  meeting.  The 
minutes  must  contain  a  clear  statement  of  every  item  of 

business  transacted  at  the  meeting 34 

(  i)    Shall  vote  on  the  question  of  the  establishment  of  an  adjunct 

district  in  the  county  for  free  high  school  privileges _. .     44 

Business  that  may  be  transacted  at  either  an  annual  or  special  dis- 
trict meeting. 

Adjourn  for  the  purpose  of  designating  schoolhouse  site 24 

*b)    Direct  purchasing  or  leasing  of  an  appropriate  site 24 

(c.)    Direct  building,  hiring,  or  purchasing  a  schoolhouse  — 24 

(d)  Transfer  money  from  one  fund  of  the  district  to  another, 
after  the  purpose  for  which  it  was  raised  has  been  accom- 
plished, and  after  all  debts  for  which  the  fund  is  liable 

have  been  discharged 26 

(e)  Direct  by  a  two-thirds  vote  the  sale  of  any  schoolhouse,  site, 
building,  or  other  property  belonging  to  the  district,  when 

no  longer  needed  for  the  use  of  the  district 26 

(/)    Direct  and  provide  for  the  prosecution  or  defense  of  any 

proceeding  in  which  the  district  may  be  an  interested  partyi  5 

(0)    Elect  officers  to  fill  vacancies 41 

(w)    May  direct,  by  a  two-thirds  vote,  the  school  board  to  contract 

with  a  neighboring  district  for  instruction  of  pupils  ......    39 

II.— DISTRICT  BOARD. 

1.  Report  taxes  voted  at  the  annual  meeting 36 

2.  Have  general  care  of  the  school,  classify  the  scholars,  and  provide  a 

course  of  study  by  consent  and  advice  of  county  superintendent . .  37 

3.  Determine  rates  of  tuition  of  non-resident  pupils . . .  = 37 

4.  Suspend  or  expel  pupils 39 

5.  Purchase  or  lease  site;  build,  hire,  or  purchase  schoolhouse  when 

directed  by  voters 39 

6.  Have  care  and  custody  of  schoolhouse  and  other  property 40 

7.  Fill  vacancy  by  appointment 41 

8.  Contract  with  neighboring  district 

9.  Provide  transportation 39 

10.  Make  claim  for  high  school  tuition  and  report  cost  of  attendance. . .    44 

11.  Shall  present  at  annual  meeting  statement  in  wnting  of  receipts 

and  expenditures,  funds  on  hand  and  estimate  for  ensuing  year. . .    43 
12     Appoint  truant  officer  and  physician 103,  104 

13.  Provide  and  care  for  outhouses 40 

14.  Close  school  for  Institute 61 

III.— MODERATOR. 

1.  File  acceptance  of  office 27 

2.  Countersign  all  orders  and  warrants ." 29 

3.  Preside  at  district  meetings 29 

4.  Order  arrest  of  disorderly  person  at  district  meeting i  30 

5.  Approve  treasurer's  bond 30 

6.  Contract  with  teacher 32 

7.  Shall  submit  to  voters  at  annual  meeting  question  of  establishment 

of  adjunct  district  in  county  for  free  high  school  privileges  44 

IV.— TREASURER. 

1.  File  official  bond  within  ten  days  after  election 30 

2.  Apply  for  and  receive  moneys  from  the  county  treasurer 31 

3.  Pay  district  moneys  on  the  order  of  the  director,  countersigned  by 

the  moderator t , 31 


BUSINESS   CALENDAB.  7 

PAGE 

4.  Record  receipts  and  disbursements 31 

5.  Report  at  annual  meeting  receipts  and  disbursements 31 

6.  Turn  over  to  successor  official  books,  papers,  and  funds 31 

7.  Appear  for  the  district  in  suits  brought  by  or  against  it 31 

8.  Contract  with  the  teacher '. 32 

V.— DIRECTOR. 

1.  Report  taxes  voted  at  the  annual  meeting.    The  report  must  be 

signed  by  all  the  officers  of  the  board,  and  delivered  to  the  county 
clerk  (a  duplicate  to  the  county  superintendent),  by  the  first  Mon- 
day in  July 25,  35 

2.  File  acceptance  of  office 27 

3.  Draw  and  sign  all  orders  and  warrants 31,  34 

4.  Shall  be  clerk  of  district  board  and  district  meetings 32 

5.  Record  all  proceedings  of  the  district 32 

6.  Preserve  copies  of  reports  to  the  county  superintendent  32 

7.  Contract  with  teachers,  with  consent  and  advice  of  the  moderator 

and  treasurer  or  one  of  them,  or  under  their  direction 32 

8.  Notify  the  county  superintendent  of  contract  with  teacher 33 

9.  Take  census,  together  with  the  names  of  all  the  taxpayers  in  the 

district,  within  ten  days  before  the  last  Monday  in  June. 33,  92 

10.  Present  to  the  annual  meeting  an  estimate  of  expenses  and  probable 

amount  of  taxes  for  the  ensuing  year 34 

11.  Report  to  the  annual  meeting  the  business  transactions  of  the  board 

for  the  past  year 34 

12.  Give  notice  of  annual  meeting  at  least  fifteen  days  before  the  last 

Monday  in  June - 34 

13.  Report  to  the  county  superintendent  within  ten  days  after  the  an- 

nual meeting 35 

14.  Furnish  the  annual  meeting  a  statement  of  the  aggregate  assessed 

valuation  of  the  taxable  property  in  the  district 36 

15.  Approve  monthly  report  of  teacher 58 

16.  Report  to  teacher  list  of  children  between  7  and  15 .   1  "4 

17.  Require  report  of  attendance  of  children 1(3 

18.  Give  notice  to  parent  or  guardian 104 

19.  Make  complaint  against  parent  or  guardian 105 

20.  Shall  act  as  truant  officer,  when 104 

VI.— TEACHER. 

1.  Must  have  certificate , 32,  40,  57,  79 

2.  Examination 51,  58,  79 

3.  Make  monthly  report  to  the  director 58 

4.  Fill  out  term  summary  a  id  send  copy  to  the  county  superintendent. .     58 

5.  Must  attend  Institute 62 

VII.— COUNTY  SUPERINTENDENT. 

1.  Form  new  districts  and  change  district  boundaries 13,  20,  74 

2.  Notify  taxable  inhabitant  of  the  formation  of  a  new  district 16 

3.  Divide  district  property  upon  the  formation  of  a  new  district 17,  18 

4.  Sell  schoolhouse  when  ordered  by  the  district 18 

5.  Report  to  county  clerk  and  county  treasurer  change  in  district 

boundaries,  and  keep  in  the  office  of  the  county  clerk  a  map  of 

the  school  districts  of  the  county 19 

8.    Determine  site  for  schoolhouse  in  new  district . 24 

7.  Appoint  district  officers 28,  41 

8.  Apply  for  writ  of  mandamus  against  district  officers 29 


8  SCHOOL   LAWS   OF   NEBRASKA. 

PAGE 
9.    Administer  oaths  for  the  purpose  of  attesting  school  reports  and  the 

administration  of  the  school  law 38 

10.  Notify  director  to  transfer  pupils  to  adjoining  districts,  and  notify 

the  county  clerk  of  said  transfer. 38 

11.  Examine  all  candidates  as  teachers  for  the  public  schools 51 

12.  May  endorse  certificates  in  force  in  any  other  county 51 

13.  May  reroke  certificate. 51,  52,  62 

14.  May  act  as  third  officer  in  district  haying  but  two  legal  voters  ....     21 

15.  Grant  certificates  to  teachers  in  such  forms  as  shall  be  prescribed  by 

the  state  superintendent 51 

16.  Receive  all  blanks  and  communications  from  the  state  superin- 

tendent, and  dispose  of  same 54 

17.  Keep  a  record  of  ail  certificates  granted  and  annulled  by  him 53 

18.  Visit  each  of  the  schools  in  his  county  at  least  once  in  each  year, 

and  consult  with  teachers  and  district  boards 53 

19.  Promote  the  improvement  of  the  schools  in  his  county  by  public 

lectures,  teachers'  institutes,  etc 53 

20.  Examine  district  reports  and  return  same  for  correction  when  neces- 

sary      54 

21.  Report  to  the  state  superintendent  when  required,  and  be  subject  to 

rules  and  instructions  prescribed  by  the  state  superintendent 54 

22.  Notify  the  district  officers  of  report  due  and  not  received 54 

23.  Report  to  the  superintendent  of  the  institute  for  the  blind  and  to 

the  superintendent  of  the  institute  for  the  deaf  and  dumb 54 

24.  Must  attend  normal  institute  in  his  district 61 

25.  Apportion  state  school  funds  to  the  districts  of  his  county  within 

twenty  days  after  warrant  is  received  from  state  auditor 

26.  Appoint  appraisers  of  schoolhouse  site,  condemned 69 

27.  Assist  in  appraisal  of  claims  or  assets  in  division  of  districts  within 

metropolitan  cities 112 

28.  File  official  bond  of  $3,000.     (See  sections  5  and  19,  chapter  10, 

Compiled  Statutes  of  Nebraska.) 

29.  Issue  students'  certificates  for  free  high  school  privileges. 43 

30.  Notify  teachers  of  institute 61 

31.  Notify  school  boards  to  clc  se  s  -hool  during  institute 61 

32.  Certify  vote  of  adjunct  district,  if  affirmative,  to  county  clerk 45 


The  Provisions  of  the  Constitution  of  the  State 
of  Nebraska  Relative  to  Education. 


ARTICLE  VIII.— EDUCATION. 

SECTION  1.— Board  of  educational  lands  and  funds.— The 
governor,  secretary  of  state,  treasurer,  attorney  general,  and 
commissioner  of  public  lands  and  buildings  shall,  under  the 
direction  of  the  legislature,  constitute  a  board  of  commissioners 
for  the  sale,  leasing,  and  general  management  of  all  lands,  and 
funds  set  apart  for  educational  purposes,  and  for  the  investment 
of  school  funds  in  such  manner  as  may  be  prescribed  by  law. 

SEC.  2. — Property,  how  used. — All  lands,  money,  or  other 
property,  granted  or  bequeathed,  or  in  any  manner  conveyed  to 
this  state  for  educational  purposes,  shall  be  used  and  expended 
in  accordance  with  the  terms  of  such  grant,  bequest,  or  convey- 
ance. 

SEC.  3, — Permanent  school  fund. — The  following  are  hereby 
declared  to  be  perpetual  funds  for  common  school  purposes,  of 
which  the  annual  interest  or  income  only  can  be  appropriated, 
to- wit: 

First — Such  per  centum  as  has  been  OF  may  hereafter  be 
granted  by  congress  on  the  sale  of  lands  in  this  state. 

Second — All  moneys  arising  from  the  sale  or  leasing  of  sec- 
tions number  sixteen  and  thirty-six  in  each  township  in  this 
state,  and  the  lands  selected  or  that  may  be  selected  in  lieu 
thereof. 

Third — The  proceeds  of  all  lands  that  have  been  or  may  here- 
after be  granted  to  this  state,  where,  by  the  terms  and  condi- 
tions of  such  grant,  the  same  are  not  to  be  otherwise  appro- 
priated. 

Fourth — The  net  proceeds  of  lands  and  other  property  and 
effects  that  may  come  to  the  state,  by  escheat  or  forfeiture,  or 

SEC.  L    Authority  to  Invest  a  portion  of  the  fund  cannot  be  conferred  by 
legislative  enactment  upon  the  treasurer.    40  Neb.,  288, 
SEC.  3.    Cited  8  Neb..  201 


10  SCHOOL  LAWS  OF  NEBRASKA. 

from  unclaimed  dividends,  or  distributive  shares  of  the  estates 
of  deceased  persons. 

Fifth — All  moneys,  stocks,  bonds,  lands,  and  other  property 
now  belonging  to  the  common  school  fund. 

SEO.  4. — Temporary  school  fund. — All  other  grants,  gifts,  and 
devises  that  have  been  or  may  hereafter  be  made  to  this  state, 
and  not  otherwise  appropriated  by  the  terms  of  the  grant,  gift, 
or  devise,  the  interest  arising  from  all  the  funds  mentioned  in 
the  preceding  section,  together  with  all  the  rents  of  the  unsold 
school  lands,  and  such' other  means  as  the  legislature  may  pro- 
vide, shall  be  exclusively  applied  to  the  support  and  mainte- 
nance of  common  schools  in  each  school  district  in  the  state. 

SEO.  5. — Fines  and  licenses. — AH  fines,  penalties,  and  license 
moneys  arising  under  the  general  laws  of  the  state  shall  belong 
and  be  paid  over  to  the  counties  respectively  where  the  same 
may  be  levied  or  imposed,  and  all  fines,  penalties,  and  license 
moneys  arising  under  the  rules,  by-laws,  or  ordinances  of  cities, 
villages,  towns,  precincts,  or  other  municipal  subdivisions  less 
than  a  county,  shall  belong  and  be  paid  over  to  the  same  re- 
spectively. All  such  fines,  penalties,  and  license  moneys  shall 
be  appropriated  exclusively  to  the  use  and  support  of  common 
schools  in  the  respective  subdivisions  where  the  same  may 
accrue. 

SEO.  6. — Common  schools. — The  legislature  shall  provide  for 
the  free  instruction,  in  the  common  schools  of  this  state,  of  all 
persons  between  the  ages  of  five  and  twenty-one  years. 

SEO.  7. — Distribution  of  income. — Provisions  shall  be  made 
by  general  law  for  an  equitable  distribution  of  the  income  of  the 
fund  set  apart  for  the  support  of  the  common  schools  among  the 
several  school  districts  of  the  state,  and  no  appropriation  shall 
be  made  from  said  fund  to  any  district  for  the  year  in  which 
school  is  not  maintained  at  least  three  months. 

SEO.  8. — Educational  lands — Price.— University,  agricultural 
college,  common  school,  or  other  lands,  which  are  now  held,  or 
may  hereafter  be  acquired  by  the  state  for  educational  purposes, 
shall  not  be  sold  for  less  than  seven  dollars  per  acre,  nor  less 
than  the  appraised  value. 

SEC.  4.    6  Neb.,  103,  206.    15  Id.,  610.    16  Id..  680. 

SEC.  5.  5  Neb.,  310,  516.  8  Id.,  31,  162.  9  Id.,  184,  352,  404.  11  Id.,  657.  14  Id  , 
479.  17  Id.,  224.  27  Id.,  64.  28  Id.,  254.  29  Id.,  288,  348. 

Where  a'  liquor  license  has  been  is&ued  and  is  thereafter  canceled  without 
fault  of  the  licensee,  he  is  entitled  to  a  repayment  pro  tanto  of  the  sum.  paid  for 
the  unexpired  time.  51  Neb.  858. 

SEC.  7.    5  Neb.,  104. 


EDUCATION.  11 

SEC.  9. — Funds  to  remain  inviolate. — All  funds  belonging  to 
the  state  for  educational  purposes,  the  interest  and  income 
whereof  only  are  to  be  used,  shall  be  deemed  trust  funds  held  by 
the  state,  and  the  state  shall  supply  all  losses  thereof  that  may 
in  any  manner  accrue,  so  that  the  same  shall  remain  forever  in- 
violate and  undiminished;  and  shall  not  be  invested  or  loaned 
except  on  United  States  or  state  securities,  or  registered  county 
bonds  of  this  state;  and  such  funds,  with  the  interest  and  in- 
come thereof,  are  hereby  solemnly  pledged  for  the  purposes  for 
which  they  are  granted  and  set  apart,  and  shall  not  be  trans- 
ferred to  any  other  fund  for  other  uses. 

SEC.  10. — University. — The  general  government  of  the  Uni- 
versity of  Nebraska  shall,  under  the  direction  of  the  legislature, 
be  vested  in  a  board  of  six  regents,  to  be  styled  the  Board  of 
Regents  of  the  University  of  Nebraska,  who  shall  be  elected  by 
the  electors  of  the  state  at  large,  and  their  term  of  office,  except 
those  chosen  at  the  first  election  as  hereinafter  provided,  shall 
be  six  years.  Their  duties  and  powers  shall  be  prescribed  by 
law,  and  they  shall  receive  no  compensation,  but  may  be  reim- 
bursed their  actual  expenses  incurred  in  the  discharge  of  their 
duties. 

SEC.  1 1 . — No  sectarian  instruction. — No  sectarian  instruction 
shall  be  allowed  in  any  school  or  institution  supported  in  whole 
or  in  part  by  the  public  funds  set  apart  for  educational  pur- 
poses; nor  shall  the  state  accept  any  grant,  conveyance,  or  be- 
quest of  money,  lands,  or  other  property,  to  be  used  for  sectarian 
purposes.. 

SEC.  1 2.— Reform  schools. — The  legislature  may  provide  by  law 
for  the  establishment  of  a  school  or  schools  for  the  safe  keeping, 
education,  employment,  and  reformation  of  all  children  under 
the  age  of  sixteen  years  who,  for  want  of  proper  parental  care, 
or  other  cause,  are  growing  up  in  mendicancy  or  crime. 

SEC.  9.    Cited  15  Neb.,  610,  684.    16  Id.,  680.    25  Id.,  660.    39  Id.,  353.    41  Id  ,  277. 
SEC.  10.    5  Neb.,  426.    17  Id.,  612. 


THE  SCHOOL  LAWS  OF  NEBRASKA. 


AN  ACT  to  establish  a  system  of  public  instruction  for  the  State  of  Ne- 
braska, 1881,  as  since  'amended,  together  with  subsequent  enactments 
relative  thereto. 

SUBDIVISION  I.— SCHOOL  DISTRICTS. 


1.  School  district  defined. 

2.  Name  and  style. 

8.  New  districts  from  unorganized  ter- 
ritory. 

4.  New  districts  from   organized  dis- 

tricts. 

5.  Notice  of  formation. 

6.  Notice  to  voters. 

7.  Return  of  notice. 

8.  Record  of  notice. 

9.  Division  of  property. 

10.  Bonded  indebtedness. 

11.  Assessment  by  county  board. 

12.  Money  paid  to  new  district. 

13.  Sale  of  schoolhouse. 

14.  Division  of  proceeds. 

15.  Division  of  teachers'  fund. 

16.  Unbonded  Indebtedness. 


17.  Changes    in    boundaries    reported. 

Map    of   districts.     Tax   list    ad- 
Justed. 

18.  Arbitration. 

19.  Mode  of  proceeding. 

20.  The  award. 

21.  Fees  of  arbitrators. 

22.  Joint  districts. 

23.  Less  than  three  voters  in  district. 

24.  Same— Annexation  to  adjoining  dis- 

trict. 

25.  Same  —  Dissolution  —  Procedure  — 

Funds, 

26.  Debts— Taxes. 

27t-  Superintendent— Bond. 

28.  Same— Report. 

29.  Same— Compensation, 


SECTION  1.— "School  district"  defined.— The  term  school 
district  as  used  in  this  chapter  is  declared  to  mean  the  territory 
under  the  jurisdiction  of  a  single  school  board  authorized  by  this 
chapter.  The  term  school  shall  be  construed  to  mean  a  school 
under  the  jurisdiction  of  a  school  board  authorized  by  this 
chapter. 

SEO.  2. — Body  corporate. — Every  duly  organized  school  dis- 
trict shall  be  a  body  corporate,  and  possess  all  the  usual 
powers  of  a  corporation  for  public  purposes,  by  the  name  and 

style  of  School  district  number ,  of county,''  and  in 

that  name  may  sue  and  be  sued,  purchase,  hold,  and  sell  such 
personal  and  real  estate  as  the  law  allows. 

SEC.  3. — New  districts. — Each  organized  county  not  already 
divided  into  school  districts,  or  any  part  of  such  counties 

SEC.  2.  See  sec.  8,  subdivision  3.  No  cause  of  action  will  accrue  to  school 
district,  as  a  corporation,  against  county  superintendent  for  the  manner  in 
which  he  may  exercise  his  discretion  in  changing  the  boundaries  of  districts. 
28  Neb.,  661.  See  11  Id.,  285.  12  Id.,  241.  22  Id.,  205.  23  Id.,  254.  30  Id..363. 

SEC.  3.  Territory  not  hitherto  organized  into  school  districts  may  b«  fllvld«d, 
at  the  discretion  of  the  county  superintendent. 

Districts  should  be  limited  in  extent  by  the  distance  that  scholars  are  able 
to  attend  school.  9  Neb.,  366.  County  superintendent  has  exclusive  original 
Jurisdiction.  35  Neb.,  400.  51  Id.,  570. 

(13) 


14  SCHOOL   LAWS   OF   NEBRASKA.  SubdlV.    1. 

not  so  divided,  shall  be  divided  by  tihe  county  superintendent 
into  as  many  school  districts  as  may  be  necessary. 

SEO.  4  —  Change    in    boundaries. — New  districts  may  be 
formed  from  other  organized  districts,  and  boundaries  of  ex- 
isting districts  may  be  changed,  under  the  following  conditions, 
only: 

First — Discretion  of  county  superintendent  to  create  a 
new  district. — The  county  superintendent  shall  have  discretionary 
power  to  create  a  new  district  from  other  organized  districts 
upon  a  petition  signed  by  one-third  of  the  legal  voters  in  each 
district  affected. 

Second — Discretion  of  county  superintendent  to  change 
boundaries. — The  county  superintendent  shall  have  discretionary 
power  to  change  the  boundaries  of  any  district  upon  petitions 
signed  by  one-half  of  the  legal  voters  in  each  district  affected. 
He  shall  also  have  discretionary  power  to  annex  to  any  existing 
district  any  territory  not  organized  into  districts,  upon  petitions 
signed  by  one  half  of  the  legal  voters  in  the  said  district  and  in 
the  said  territory  proposed  to  be  annexed. 

Third — Shall  not  refuse  the  petition  of  two-thirds.— The 
county  superintendent  shall  not  refuse  to  change  the  boundary 
line  of  any  district,  or  to  organize  a  new  district,  when  he  shall 
be  asked  to  do  so  by  a  petition  from  each  school  district  affected 
signed  by  two-thirds  of  all  the  legal  voters  in  such  district,  nor 
to  annex  to  an  existing  district  any  territory  not  organized  into 
districts  when  asked  so  to  do  by  petitions  signed  by  two-thirds  of 
the  legal  voters  of  the  said  existing  district  and  the  said  territory 
proposed  to  be  attached.  A  notice  of  said  petition,  containing 

SEC.  4.  Discretion  of  county  superintendent.  23  Neb.,  659.  25  Id.,  200.  Dis- 
cretion of  county  superintendent  will  not  be  controlled  by  mandamus;  appeal 
lies  from  his  decision  to  district  court.  25  Neb.,  405.  Cited  18  Id.,  648.  Notices  in- 
dispensable. Contents  of  affidavit;  time  and  place  should  appear.  31  Neb.,  424. 
When  territory  is  to  be  attached  written  notice  and  petition  should  be  given. 
28  Neb.,  485.  Proviso  m  paragraph  7  confined  to  what  immediately  precedes  it. 
Notice  in  accordance  with  paragraph  3  necessary.  9  Neb.,  331.  39  Id.,  391. 

As  many  petitions  must  be  presented  as  there  are  districts  affected.  Before 
making  the  division,  the  county  superintendent  should  employ  all  the  legitimate 
means  within  his  reach  to  satisfy  himself  that  a  legal  majority  of  the  voters  in 
the  district  have  signed  a  petition;  and  it  would  be  well  to  move  deliberately  in 
the  matter,  allowing  all  parties  interested  opportunity  to  know  what  is  pro-- 
posed to  be  done. 

The  law  does  not  provide  for  striking  off  a  part  of  a  district  without  annex- 
Ing  it  to  some  other. 

The  superintendent  may  require  the  signer  to  erase  his  name  froim  one  of 
the  papers  if  the  same  name  appear  upon  different  papers.  When  petitions 
asking  contrary  things  are  presented,  the  county  superintendent  should  do 
nothing  till  some  course  is  agreed  upon  by  petitioners. 

Where  several  districts  are  consolidated,  the  new  district  not  only  becomes 
Invested  with  all  property  rights  of  the  former,  but  also  becomes  answerable 
for  their  debts.  15  Neb..  L 


Subdiv.  1.  SCHOOL  DISTRICTS.  15 

an  exact  statement  of  what  changes  in  district  boundaries  are 
proposed,  and  when  the  petition  is  to  be  presented  to  the  county 
superintendent,  shall  be  posted  in  three  public  places,  one  of 
which  places  shall  be  upon  the  outer  door  of  the  schoolhouse,  if 
there  be  one,  in  each  district  affected,  or  territory  not  organized 
into  districts  proposed  to  be  attached  to  an  existing  district,  at 
least  ten  (10)  days  prior  to  the  time  of  presenting  the  petition 
to  the  county  superintendent;  Provided,  That  changes  affecting 
cities  shall  be  made  upon  the  petition  of  the  board  of  education 
of  the  district  or  districts  affected. 

Fourth — Two  districts  made  from  one.— Two  districts  may 
be  made  from  one  by  the  county  superintendent  upon  a  petition 
from  each  district  proposed,  signed  by  a  majority  of  the  voters 
in  each  district  proposed.  One  district  may  be  discontinued, 
and  its  territory  attached  to  other  adjoining  districts,  upon  peti- 
tions signed  by  one-half  of  the  legal  voters  in  each  district 
affected. 

Fifth — List  of  voters. — A  list  or  lists  of  all  the  legal  voters  in 
each  district  (or  territory)  affected,  made  under  the  oath  of  a 
resident  of  each  district  (or  territory)  affected,  together  with  an 
oath  of  a  resident  of  each  district  (or  territory),  that  the  legal 
notice  provided  for  in  the  third  clause  of  this  section  has  been 
properly  posted,  shall  be  given  to  the  county  superintendent 
when  the  petition  is  presented.  By  legal  voters  is  herein  meant 
all  who  are  legal  voters  at  an  election  for  school  district  officers. 

Sixth — New  district,  when  formed. — No  new  district  shall  be 
formed  between  the  first  Tuesday  of  April  and  the  first  day  of 
October. 

Seventh — Extent  of  district. — No  new  district  shall  be  formed 
containing  less  than  four  (4)  sections  of  land,  nor  shall  any  dis- 
trict be  reduced  by  division  or  otherwise  so  as  to  contain  less 
than  that  amount,  unless  the  district  so  formed,  or  the  part  of 
a  district  remaining  after  division,  shall  have  an  assessed  valua- 
tion of  property  of  not  less  than  fifteen  thousand  ($15,000)  dol- 
lars; Provided,  That  when  streams  or  water  courses  make  it 
impracticable  to  form  districts  containing  four  sections,  then 
the  county  superintendent  may  form  districts  with  less  than 
four  sections  without  regard  to  valuation.  When  streams  of 
water  make  it  impracticable  for  children  to  attend  school  in 
their  own  district,  the  county  superintendent  shall  have  author- 
ity, and  it  shall  be  his  duty  when  requested  by  the  parents  or 
guardians  of  such  children,  to  attach  to  adjoining  districts  such 


16  SCHOOL   LAWS   OF    NEBRASKA.  SubdlY.    1. 

territory  as  he  may  deem  necessary  for  the  purpose  of  giving 
said  children  school  privileges.  When  a  district  is  reduced  in 
size  by  the  annexation  of  a  part  of  its  territory  to  a  city  district 
as  provided  by  law,  or  when  a  portion  of  a  district  is  cut  off 
from  school  privileges  by  a  river's  changing  its  channel,  so  that* 
such  part  remaining  after  such  annexation  or  the  said  portion 
so  cut  off  by  change  of  a  river  channel  shall  contain  less  than 
two  sections  of  land  and  fewer  than  twenty  (20)  persons  of 
schc-ol  age,  the  county  superintendent  shall  have  authority,  and 
it  shall  be  his  duty  to  attach  such  remainder  or  portion  to  ad- 
joining districts,  provided  this  can  be  so  done  that  no  pupil  in 
such  remainder  or  portion  shall  be  more  than  two  and  one-half 
miles  from  the  nearest  schoolhouse  in  the  district  in  which  such 
pupil  is  so  placed. 

Eighth — Petitions  filed.— The  county  superintendent  shall  file 
in  his  office  all  petitions  that  have  been  granted  for  change  of 
boundaries  or  for  the  formation  of  new  districts,  and  such  peti- 
tion shall  be  prima  facie  evidence  of  the  boundaries  of  districts; 
and  all  conflicting  records  of  boundaries  shall  be  made  to  corre- 
spond with  the  petitions  so  filed. 

SEO.  6. — Notice  to  taxable  inhabitant. — Whenever  the 
county  superintendent  of  any  county  shall  form  a  new  dis- 
trict, it  shall  be  the  duty  of  the  said  superintendent  to  deliver  to 
a  taxable  inhabitant  of  such  district  a  notice  in  writing  of  the 
formation  of  such  district,  describing  its  boundaries,  and  specify- 
ing the  time  and  place  of  holding  the  first  meeting,  which  notice, 
with  the  fact  of  such  delivery,  shall  be  entered  upon  the  record 
by  the  superintendent. 

SBO.  6. — Notice  to  voters. — The  said  notice  shall  also  direct 
such  inhabitant  to  notify  every  qualified  voter  of  such  dis- 
trict, either  personally  or  by  leaving  a  written  notice  at  his  or 
her  place  of  residence,  of  the  time  and  place  of  holding  said 
meeting,  at  least  five  days  before  the  time  appointed  therefor; 
and  it  shall  be  the  duty  of  each  inhabitant  to  notify  the  qualified 
voters  of  said  district  accordingly. 

8so.  7. — Return  of  notice. — The  said  inhabitant,  when  he 
shall  have  notified  the  qualified  voters  as  required  in  said 

SEC.  5.  The  record  should  contain  a  minute  detail  of  all  proceedinffs  In  re- 
lation to  the  formation  of  the  new  district  and  of  the  amount  justly  due  the 
new  from  the  old  district  out  of  vrhlch  it  may  have  been  formed.  6  Neb.,  545. 

SEC.  «.  Every  qualified  voter  should  be  notified;  but  failure  to  notify  one  or 
more  would  not  invalidate  the  action  of  the  meeting-  unless  fraud  could  be 
shown.  [See  section  8.]  Fo*  definition  of  "qualified  voter,"  se«  sections  4  and 
5  of  subdivision  IL 


Subdiv.  L  SCHOOL  DISTRICTS.  17 

notice,  shall  endorse  thereon  a  return,  showing  such  notifica- 
tion with  the  date  or  dates  thereof,  and  deliver  such  notice  and 
return  to  the  chairman  of  the  meeting. 

SEC.  8. — Record  of  notice,  return,  and  organization. — The 
said  chairman  shall  deliver  such  notice  and  return  to  the 
director  chosen  at  such  meeting,  as  hereinafter  provided,  who 
shall  record  the  game  at  length  in  a  book,  to  be  provided  by  him 
at  the  expense  of  the  district,  as  a  part  of  the  records  of  such 
district,  which  record  shall  be  prima  facie  evidence  of  the  facts 
therein  set  forth  and  of  the  legality  of  all  proceedings  in  the 
organization  of  the  district  prior  to  the  first  district  meeting, 
but  nothing  in  this  section  contained  shall  be  so  construed  as 
to  impair  the  effect  of  the  record  kept  by  the  county  superin- 
tendent as  evidence. 

SEC.  9.— Division  of  district  property. — When  a  new  district 
is  formed  in  whole  or  in  part  from  one  or  more  districts 
possessed  of  a  schoolhouse  or  other  property,  the  county  super- 
intendent, at  the  time  of  forming  such  new  district,  or  as  soon 
thereafter  as  may  be,  shall  ascertain  and  determine  the  amount 
justly  due  to  such  new  district  from  any  district  or  districts  out 
of  which  it  may  have  been  in  whole  or  in  part  formed,  which 
amount  shall  be  ascertained  and  determined  as  nearly  as  practi- 
cable according  to  the  relative  value  of  the  taxable  property  in 
the  respective  parts  of  such,  former  district  or  districts  at  the 

SEC.  9.  The  division  of  school  districts  and  school  property  is  on*  of  the 
most  Important  and  delicate  of  the  superintendent's  duties,  always  to  be  per- 
formed with  care  and  deliberation.  The  division  of  property  should  be  made 
when  the  district  is  divided,  or  as  soon  as  possible  thereafter.  Where  there  are 
debts,  which  must  be  paid  by  the  old  district,  they  should  be  taken  Into  account 
in  the  division  of  property.  The  superintendent  must  use  his  best  judgment  in 
estimating  the  value  of  school  property,  keeping  in  mind  that  the  law  requires 
him  to  "ascertain  and  determine  the  amount  justly  due"  to  the  new  district. 
Section  11  states  clearly  how  this  money  is  to  reach  the  treasury  of  the  new 
district. 

In  applying  sections  9  and  11  to  the  division  of  a  district  which  is  bonded, 
it  must  be  remembered  that  the  bonds  are  of  the  nature  of  a  mortgage  on  all 
the  land  and  property  of  the  original  district,  and  that  this  incumbrance  cannot 
be  removed  from  any  part  of  it  by  the  division.  54  Neb.,  171. 

When  the  division  of  a  district  has  been  completed  by  a  county  superin- 
tendent, his  successor  cannot  re-open  and  adjust  it  again;  but  a  supejintendent 
who  finds  out  that  he  has  made  a  serious  mistake  may  correct  such  mistake 
within  reasonable  time. 

To  divide  a  joint  district  the  same  formalities  are  requisite  as  In  any  other. 
A  petition  should  be  presented  to  the  superintendent  of  each  county  affected. 

Debts  of  a  district  cannot  be  divided  and  apportioned  without  the  consent  of 
creditors. 

After  the  division,  the  old  district  has  no  authority  to  use  property  or 
funds  to  which  the  new  one  la  entitled.  4  Neb.,  267.  Where  there  is  no  finding 
or  determination  whatever  by  the  superintendent  as  to  property  of  any  kind 
retained  by  a  district  out  of  which  a  new  district  was  formed,  his  certificate  to 
the  county  clerk,  stating  the  amount  of  tax  to  be  levied  on  the  old  district  to 
be  paid  to  the  new  when  collected,  Is  a  nullity.  6  Neb.,  539.  Certificate  of 
superintendent  of  amount  found  due,  sufficient  to  authorize  levy  of  tax.  12 
Teb.,  827.  S«e  also,  13  Id.,  170.  17  Id.,  177,  19  Id.,  485. 


18  SCHOOL   LAWS   OF   NEBRASKA.  SubdlV.    1. 

time  of  such  division,  and  the  fact  that  such  schoolhouse  or  other 
property  is  not  paid  for  shall  not  deprive  such  new  district  of 
its  proportionate  share  of  the  value  thereof;  Provided,  That  such 
new  district  shall  remain  bound  for  such  indebtedness  to  the 
same  extent  as  though  the  new  district  had  not  been  formed; 
unless  in  case  of  indebtedness  not  bonded  the  same  shall  be  ad- 
justed as  hereinafter  provided. 

SEO.  10. — Amount  due  in  installments. — If  such  old  district 
shall  be  subject  to  any  bonded  indebtedness,  and  the  amount 
to  which  such  new  district  shall  be  entitled  on  account  of 
any  such  property  shall  not  exceed  its  proportionate  share  of 
such  bonded  indebtedness,  the  amount  to  which  such  new  dis- 
trict shall  be  entitled  as  aforesaid  shall  be  apportioned  so  as  to 
come  due  in  installments  proportionately  at  such  times  as  the 
original  indebtedness  shall  become  due  to  the  creditors  of  the 
old  district. 

SEC.  1 1 . — Certificate  of  amount  due. — The  amount  of  such 
proportion,  when  so  ascertained  and  determined,  shall  be 
certified  to  by  the  county  superintendent  to  the  county  clerk, 
who  shall  present  the  said  amount  to  the  county  board  at  the 
session  next  succeeding,  whose  duty  it  shall  be  at  the  proper 
time  or  times  to  assess  the  same  upon  the  taxable  property  of 
the  district  retaining  the  schoolhouse  or  other  property  of  the 
former  district,  in  the  same  manner  as  if  the  same  had  been 
authorized  by  a  vote  of  such  district,  and  the  money  so  assessed 
shall  be  placed  to  the  credit  of  the  new  district. 

SEC.  1 2. — When  collected,  such  amount  shall  be  paid  over  to  the 
treasurer  of  the  new  district,  to  be  applied  to  the  use  thereof 
in  the  same  manner,  under  the  direction  of  its  proper  officers, 
as  if  such  sum  had  been  voted  and  raised  by  said  district  for 
building  a  schoolhouse  or  other  district  purposes. 

SEC.  13.— Sale  of  schoolhouse. — Whenever,  by  the  division 
of  any  district,  the  schoolhouse  or  site  thereof  shall  no  longer 
be  conveniently  located  for  school  purposes,  and  shall  not 
be  desired  by  the  district  in  which  it  may  be  situated,  the  county 
superintendent  4f  the  county  in  which  such  schoolhouse  and 

SEC.  11.  The  action  of  the  district  is  not  required  to  levy  the  tax  thus  made 
necessary,  and  it  is  beyond  its  control.  The  county  commissioners  are  the 
proper  persons  to  levy  it. 

The  whole  amount  need  not  be  levied  at  once,  but  may  be  put  Into  two  or 
more  levies. 

SEC.  13.  For  errors  of  judgment  and  mistakes  in  the  performance  of  this 
onerous  duty  the  superintendent  is  not  pecuniarily  responsible,  unless  there  Is 
evidence  of  fraud.  The  superintendent  should  take  ample  time  and  acauaint 
himself  fully  with  the  facts. 


Subdiv.  1.  SCHOOL  DISTRICTS.  19 

site  shall  be  located  may,  when  ordered  by  the  district,  advertise 
and  sell  the  same  at  public  or  private  sale  and  apportion  the 
proceeds;  Provided,  That  when  sold  at  private  sale,  such  sale 
shall  not  be  binding  until  approved  by  the  district  interested. 

SEC.  14. — Division  of  money. — The  money  arising  from  the 
sale  of  schoolhouse  and  site,  or  otherwise,  except  teachers' 
fund,  shall  be  divided  among  the  several  districts  created  in 
whole  or  in  part  from  the  divided  districts  as  nearly  as  practi- 
cable in  proportion  to  the  taxable  property  of  the  districts 
formed  in  whole  or  in  part  by  such  division. 

SEC.  15. — Teachers'  fund. — Money  on  hand  belonging  to  the 
teachers'  fund  of  said  district -shall  be  divided  in  propor- 
tion to  the  number  of  scholars  in  each  district  at  the  time  of 
said  division.  The  money  designated  in  this  and  the  preceding 
section  shall  be  divided  at  once,  and  not  in  the  manner  provided 
in  section  11  of  this  subdivision. 

SEC.  16.— Unbonded  indebtedness.— Whenever  a  new  dis- 
trict shall  be  organized  from  the  territory  of  a  former  district, 
and  there  shall  be  any  indebtedness  of  such  former  district 
^hich  shall  not  be  bonded,  such  unbonded  indebtedness  shall  be 
taken  into  account  in  estimating  the  sum  due  from  the  old  to 
the  new  district  on  account  of  schoolhouse  or  other  property,  and 
such  new  district  shall  be  entitled  to  only  the  value  of  its  pro- 
portionate share  of  such  property  after  deducting  its  like  share 
of  such  indebtedness. 

SEC.  17. — Report  of  change  in  boundaries. — Every  change 
in  district  boundary  lines  must  be  reported  as  soon  as  made 
to  the  county  clerk  and  the  county  treasurer  by  the  county 
superintendent;  and  the  county  superintendent  shall  keep  in  the 
office  of  the  county  clerk  a  map  of  the  school  districts  of  the 
county,  which  map  shall  be  revised  as  often  as  the  boundary 
lines  of  districts  are  changed,  or  new  districts  formed.  The 
county  superintendent  shall  also  report  to  the  county  treasurer 
the  necessary  changes  to  be  made  upon  the  tax  lists  of  the 

SECS.  14  and  15.  Money  on  hand  when  a  district  Is  divided  is  to  be  treated 
as  follows:  The  teachers'  fund,  including  proceeds  of  tax  for  teachers'  wages 
and  the  state  apportionment,  according  to  section  15;  that  is,  in  proportion  to 
the  number  of  children  in  the  district  at  the  time  of  division.  The  remaining 
funds  (both  in  county  and  district  treasury)  will  be  divided  according  to  section 
14;  that  Is,  in  proportion  to  the  taxable  property  of  the  districts  concerned. 

When  a  county  superintendent  has  ordered  money  paid  by  one  district  to 
another,  and  the  district  neglects  or  refuses  to  pay  it,  the  treasurer  of  the 
district  to  which  the  money  is  due  may  apply  to  the  court  for  a  mandamus  to 
compel  the  officers  of  the  delinquent  district  to  pay  the  money. 

SEC.  16.  Where  several  districts  are  consolidated,  the  new  district  not  only 
becomes  invested  with  the  property  rights  of  the  former  but  also  becomes 
answerable  for  their  debts.  61  Neb.,  L 


20  SCHOOL   LAWS   OF   NEBRASKA.  {Sutxliv.    1. 

county.  Upon  receiving  said  notification,  it  shall  be  the  duty  of 
the  county  treasurer  to  adjust  the  tax  list  of  the  county  in  ac- 
c.ordance  with  the  change  of  district  boundaries,  so  that  the  un- 
collected  taxes  levied  upon  property  that  has  been  transferred  to 
another  school  district  shall,  when  collected,  be  placed  to  the 
credit  of  the  district  to  which  such  property  has  been  trans- 
ferred. 

SEO.  IS. — Unsatisfactory  division. — Whenever  a  district  is 
dissatisfied  with  the  division  of  school  property  made  by  the 
county  superintendent,  the  points  in  dispute  may  be  referred 
to  three  disinterested  persons,  no  one  of  whom  shall  be  a  resi- 
dent of  either  district  interested  in  the  matter  at  issue,  one  to  be 
chosen  by  the  school  board  of  each  district,  and  these  two  to 
choose  a  third,  and  the  decision  of  any  two  of  them  shall  be 
final. 

SEC.  19. — Arbitration. — The  manner  of  proceeding  shall  be 
substantially  as  follows:  The  district  desiring  an  arbitration 
shall  make  a  demand  in  writing  of  the  county  superintendent 
within  ten  days  after  said  superintendent  has  made  his  award. 
The  county  superintendent  shall  notify  the  other  district  or  dis- 
tricts, and  direct  them  to  choose  arbitrators.  The  county  superin- 
tendent shall  appoint  a  time  and  place  for  the  hearing,  at  which 
the  arbitrators  shall  proceed  immediately  to  hear  and  determine 
the  matter  at  issue  according  to  justice  and  right,  taking  all  the 
circumstances  into  consideration. 

SEC.  20. — Award. — The  award  of  arbitrators  shall  be  in  writ- 
ing, and  shall  be  filed  with  the  county  superintendent,  and 
shall  be  final;  Provided,  That  if  no  award  is  made  by  the  com- 
mittee within  thirty  days  from  the  day  of  arbitration,  the  divi- 
sion made  by  the  county  superintendent  shall  be  legal  and  valid. 

SEC.  21. — Fees  of  arbitrators. — The  fees  for  such  arbitrators 
shall  be  as  follows:  Each  person  engaged  as  arbitrator  shall 
receive  two  dollars  per  day  during  the  time  necessarily  occupied, 
to  be  paid  equally  by  the  districts. 

SEC.  22. — Joint  districts. — That  when  persons  living  in  two 
or  more  counties  desire  to  form  a  school  district,  it  shall  be 
the  duty  of  the  superintendents  of  the  respective  counties  to 
authorize  the  said  persons  to  organize  such  district,  and  the  re- 
ports contemplated  in  this  chapter  shall  be  made  to  the  superin- 
tendents of  each  county,  parts  of  which  form  the  district,  of 
such  property  or  children  as  may  be  within  the  limits  of  each 
such  organized  county. 


Subdir.  £  SCHOOL  DISTRICTS.  21 

[DISMEMBERED  DISTRICTS-.] 

SEC.  23. — Less  than  three  voters  in  district. — In  case  the 
number  of  legal  voters  in  any  district  becomes  less  than  three, 
the  county  superintendent  shall  act  as  the  third  officer  of  such 
district. 

SEC.  24. — Same — Annexation  to  adjoining  district. — 
When  for  a  continuous  period  of  one  year  a  district  shall  have 
less  than  two  legal  voters  residing  therein,  the  county  superin- 
tendent may,  in  his  discretion,  annex  the  said  district  to  one  or 
more  adjoining  districts,  upon  petitions  signed  by  a  majority  of 
the  legal  voters  of  such  adjoining  district  or  districts. 

SBC.  25.  —  Same  —  Dissolution  —  Procedure  —  Funds.— 
When  for  a  continuous  period  of  one  year  a  district  shall  have 
less  than  two  legal  voters  residing  therein,  it  shall  be  lawful, 
upon  a  petition  being  presented  for  that  purpose  by  the  resident 
voter  of  said  district,  or  by  the  county  superintendent  of  the 
county  in  which  said  district  is  situated,  for  any  court  of  compe- 
tent jurisdiction  of  said  county  to  authorize  the  county  superin- 
tendent of  the  county  in  which  said  district  is  located  to  close 
up  the  affairs  of  said  district.  Twenty  days  previous  to  any 
action  on  the  part  of  the  county  superintendent,  notice  of  such 
action  on  the  part  of  the  court  shall  be  made  public  in  some  legal 
newspaper  circulating  in  said  county.  The  said  county  superin- 
tendent thus  authorized  shall  have  power,  and  it  shall  be  his 
duty  to  take  possession  of  all  school  property  belonging  to  said 
district.  If  there  be  funds  belonging  to  said  district  in  the  hands 
of  the  county  treasurer,  the  county  superintendent  shall  proceed 
to  pay  off  the  indebtedness  of  the  district,  issuing  orders  upon 
the  county  treasurer  for  the  payment  of  such  indebtedness.  If 
there  be  no  funds  in  the  hands  of  the  county  treasurer  to  the 
credit  of  said  district,  the  county  superintendent  shall,  on  order 
of  the  court,  advertise  and  sell  at  public  auction  the  school  prop- 
erty of  said  district,  placing  the  money  thus  obtained  in  the 
hands  of  the  county  treasurer  to  the  credit  of  aforesaid  district, 
and  issue  orders  upon  it  as  above. 

SEC.  26. — Debts— Taxes. — If  any  indebtedness  still  remain 
unpaid,  the  board  of  county  commissioners  of  said  county 
shall  determine  the  rate  of  taxation  necessary  to  pay  such  in- 
debtedness, and  shall  cause  such  taxes  to  be  levied  upon  all  prop- 
erty in  the  said  district  and  collected  as  other  taxes. 

SEC.  27. — Superintendent,  Bond.  -Before  entering  upon  such 
duties,  the  county  superintendent  shall  execute  a  good  and 


22  SCHOOL  LAWS   OF   NEBRASKA.  Sttbdiv.   2. 

sufficient  bond  to  the  people  of  the  State  of  Nebraska,  to  be 
approved  by  the  judge  of  said  court,  in  double  the  amount  of 
the  value  of  all  property  which  in  the  opinion  of  the  court  shall 
be  entrusted  to  his  care. 

SEC.  28. — Same — Report. — It  shall  be  the  duty  of  the  county 
superintendent  to  file  an  itemized  report  in  said  court,  show- 
ing the  disposition  of  all  property  and  money  received  by 
him  in  the  said  transaction,  and  said  report  shall  be  a  part  of 
the  official  records  of  said  court. 

SEC.  29. — Same — Compensation. — For  performing  the  duties 
hereby  imposed,  it  shall  be  lawful  for  the  court  to  award 
to  the  county  superintendent  such  compensation  as  in  its  judg- 
ment shall  be  just  and  right;  and  such  amount  and  costs  of 
court  shall  be  a  claim  against  said  district. 


SUBDIVISION  II.— DISTRICT  MEETINGS. 


10.  Providing  funds   for  site   of  build- 

ings. 

11.  Voting  tax. 

12.  Building  fund. 

13.  Building      fund,      how      expended. 

Transfer  of  funds. 

14.  Length  of  term. 

15.  Sale  of  property. 

16.  Prosecution  and  defense  of  suits. 


1.  Annual  meeting.    School  year. 

2.  Special  meeting. 

3.  Notice. 

4.  Qualifications  of  voters. 

5.  Proceedings  in  case  of  challenge. 

6.  Votes  rejected.    False  oath,  penalty. 

7.  Challenge,  when  entertained. 

8.  Adjourned     meeting     to     designate 

site.    Change  of  site. 

9.  Site  chosen  by  county  superlntend- 

dent,  when. 

SECTION  1. — Annual  meeting. — The  annual  school  meeting  of 
each  school  district  shall  be  held  at  the  schoolhouse,  if  there 
be  one,  or  at  some  other  suitable  place  within  the  district, 
on  the  last  Monday  of  June  of  each  year.  The  officers  elected 
as  hereinafter  provided  shall  take  possession  of  the  office  to 
which  they  have  been  elected  upon  the  second  Monday  of  July, 
and  the  school  year  shall  commence  with  that  day. 

SEC.  2. — Special  meeting. — Special  meetings  may  be  called  by 
the  district  board,  or  any  one  of  them,  on  the  written  re- 
quest of  any  five  legal  voters  of  the  district,  by  giving  the 
notice  required  in  the  next  succeeding  section ;  and  in  all  notices 
of  special  meetings  the  object  of  the  meeting  shall  be  stated, 

SEC.  1.  No  authority  to  adjourn  election.  15  Neb.,  447.  Cited  33  Id.,,  835.  See, 
also,  32  Id.,  370. 

SEC.  2.  The  names  of  the  five  persons  who  made  the  request  for  the  call 
should  be  recorded  in  the  minutes.  The  district  officers  may  constitute  three 
of  the  five.  When  a  special  meeting  adjourns  to  another  time,  new  notices 
should  be  put  up;  but  a  failure  to  do  this  would  not  render  the  adjourned 
meeting  illegal. 

An  annual  or  special  meeting  held  In  the  evening  (after  night)  would  not  be 
illegal.  One  copy  of  the  notice  of  school  district  meetings  should  be  posted 
upon  the  schoolhouse  door. 


Subdiv.  2.  DISTRICT  MEETINGS.  23 

and  no  business  shall  be  transacted  at  such  meetings  except 
such  as  is"itrentioned  in  the  call. 

SEC.  3. — Notice,  contents. — All  notices  of  annual  or  district 
meetings,  after  the  first  meeting  has  been  held  as  aforesaid, 
shall  state  the  day,  hour,  and  place  of  meeting  (which  place 
shall  be  within  the  district),  and  shall  be  given  at  least  fifteen 
days  previous  to  such  meeting  by  posting  up  copies  thereof  in 
three  public  places  within  the  district;  but  no  annual  meeting 
shall  be  deemed  illegal  for  want  of  such  notice. 

SEC.  4.— Voters,  qualifications. — Every  person,  male  or 
female,  who  has  resided  in  the  district  forty  days  and  is 
twenty-one  years  old  and  who  owns  real  property  or  personal 
property  that  was  assessed  in  the  district  in  his  or  her  name  at 
the  last  annual  assessment,  or  who  has  children  of  school  age 
residing  in  the  district,  shall  be  entitled  to  vote  at  any  district 
meeting  or  school  election  held  in  any  district,  village,  or  city; 
Provided,  That  all  electors  at  school  elections  held  in  cities  where 
registration  of  voters  is  required  shall  comply  with  the  provis- 
ions of  such  registration  law  before  they  shall  be  entitled  to 
vote. 

SEC.  5. — Challenge. — If  any  person  offering  to  vote  at  a  school 
district  meeting  shall  be  challenged  as  unqualified  by  any 
legal  voter  in  such  district,  the  chairman  presiding  at  such 
meeting  shall  declare  to  the  person  challenged  the  qualifications 
of  a  voter,  and  if  such  person  shall  state  that  he  or  she  is  quali- 
fied, and  the  challenge  shall  not  be  withdrawn,  the  said  chairman 
shall  administer  to  him  or  her  an  oath  in  substance  as  follows: 
"You  do  solemnly  swear  (or  affirm)  that  you  are  twenty-one 
years  of  age,  that  you  have  resided  in  this  school  district  for 
forty  days  last  past,  that  you  own  real  property  in  the  district, 
or  personal  property  that  was  assessed  in  your  name  [in  this  dis- 
trict] at  the  last  assessment  or  have  children  of  school  age  re- 
siding in  the  district,  so  help  you  God."  And  every  person  tak- 
ing such  oath  shall  be  permitted  to  vote  on  all  questions  proposed 
at  such  meeting. 

SEC.  4.  In  general,  where  a  man  lives  or  claims  his  home,  and  where  ha 
enjoys  the  privilege  of  a  resident  citizen,  may  be  considered  his  place  of  resi- 
dence. In  all  cases  a  man  must  prove  his  intention  as  to  the  place  of  his 
residence;  if  he  remove  his  family  and  goods  from  the  district,  and  it  can  be 
proved  that  he  Intends  to  claim  his  residence  in  some  other  place,  he  Is  no 
longer  a  resident  of  the  district.  A  homesteader  can  have  no  residence  except 
In  the  district  in  which  his  homestead  Is  located.  Justice  Maxwell  says:  "That 
place  will  be  considered  the  .residence  of  a  person  in  which  his  habitation  is 
fixed,  without  any  present  intention  of  removing  therefrom,  and  to  which,  when- 
ever he  Is  absent,  he  has  the  Intention  of  returning." 

Women  may  vote  and  hold  office  in  school  district.    16  Neb.,  417. 


24  SCHOOL   LAWS   OF   NEBRASKA.  Subdiv.    2. 

SEO.  6. — Rejection  of  vote. — If  any  person  so  challenged  shall 
refuse  to  take  such  oath,  his  or  her  vote  shall  be  rejected, 
and  any  person  who  shall  willfully  take  a  false  oath,  or 
make  a  false  affirmation  under  the  provisions  of  the  preceding 
section  shall  be  deemed  guilty  of  perjury,  and  be  punished  ac- 
cordingly. 

SEO.  7. — Challenge. — When  any  question  is  taken  in  any  other 
manner  than  by  ballot,  a  challenge  immediately  after  the 
vote  has  been  taken,  and  previous  to  an  announcement  of  the 
vote  by  the  chair,  shall  be  deemed  to  be  made  when  offering  to 
vote,  and  treated  in  the  same  manner. 

SEO.  8. — Site. — The  qualified  voters  in  the  school  district,  when 
lawfully  assembled,  shall  have  power  to  adjourn  from  time 
to  time,  as  may  be  necessary,  to  designate  a  site  for  a  school - 
house,  by  a  vote  of  two-thirds  of  those  present,  and  to  change 
the  same  by  a  similar  vote  at  any  annual  meeting;  Provided, 
That  in  any  school  district  where  the  schoolhouse  is  located 
three-fourths  of  a  mile  or  more  from  the  center  of  such  district, 
such  schoolhouse  site  may  be  changed  to  a  point  nearer  the 
geographical  center  of  the  district  by  a  majority  vote  of  those 
present  at  any  such  school  meeting. 

SEO.  9. — Same. — When  no  site  can  be  established  by  such  in- 
habitants aforesaid,  the  county  superintendent  of  the  county 
in  which  the  district  is  situated  shall  determine  where  such 
site  shall  be,  and  his  determination  shall  be  certified  to  the 
director  of  the  district,  and  shall  be  final,  except  that  such  de- 
cision may  be  changed  by  the  county  superintendent  on  a  written 
request  of  two-thirds  of  the  qualified  voters  of  the  district. 

SEC.  10. — Purchase  or  lease  of  house. — The  said  qualified 
voters  shall  also  have  power,  at  any  annual  or  special  meet- 
ing, to  direct  the  purchasing  or  leasing  of  any  appropriate 
site,  and  the  building,  hiring,  or  purchasing  of  a  schoolhouse, 
and  the  amount  necessary  to  be  expended  the  succeeding 
year,  and  to  vote  a  tax  on  the  property  of  the  district  for  the 
payment  of  the  same.  Not  to  conflict  with  section  two  (2). 

SBC.  8.  The  "three-fourths  of  a  mile"  mentioned  in  the  proviso'  in  this  sec- 
tion should  be  measured  on  a  straight  line  joining:  the  schoolhouse  and  the 
geographical  center  of  the  district.  A  school  site  may  be  changed  at  an 
annual  meeting  only.  Cited  Wilber  vs.  Wooley,  44  Neb.,  739  (62  N.  W.  Reporter, 

By  act  of  congress  (March  3,  1873),  it  was  enacted  that  a  person  occupying  a 
homestead  or  pre-emption  shall  have  the  right  to  transfer  by  warranty,  against 
his  own  acts  any  part  of  his  homestead  or  pre-emption  for  a  site  for  a  school- 
house;  and  this  shall  not  vitiate  his  titlo. 

SEC.  10.  Contracts  for  the  erection  of  schoolhouses  should  be  made  with 
reference  to  funds  on  hand.  4  Neb.,  360.  The  board  cannot  bind  the  district  by 
an  increased  expenditure  beyond  the  amount  authorized  by  the  district.  10  Neb., 
242.  Cited  32  Id.,  354. 

Building  committee.     45  Neb.,  239. 

Building  contracts.    61  Neb..  237.    51  Id.,  740. 


Snbdiv.2.  DISTRICT  MEETINGS.  25 

SBO,  1 1 . — Mills  levied. — The  legal  voters  at  any  annual  meet- 
ing shall  determine  by  vote  the  number  of  mills  on  the  dollar  of 
the  assessed  valuation  which  shall  be  levied  for  all  purposes — 
except  for  the  payment  of  bonded  indebtedness — which  number 
shall  be  sufficient  to  maintain  a  school  in  the  manner  and  for 
the  time  provided  in  section  14  of  this  subdivision,  but  not  ex- 
ceeding twenty-five  mills  in  any  one  year.  Provided,  that  in 
districts  having  four  children  or  less  of  school  age  the  levy  shall 
not  exceed  the  sum  of  four  hundred  dollars  ($400.00)  in  any 
year;  and  in  districts  having  more  than  four  and  less  than  six- 
teen children  of  school  age,  the  levy  shall  not  exceed  the  sum  of 
fifty  dollars  ($50.00)  per  child  in  addition  to  the  above.  The 
tax  so  voted  shall  be  reported  by  the  district  board  to  the  county 
clerk,  and  shall  be  levied  by  the  county  board  and  collected  as 
other  taxes. 

SEC.  12  —Building  fund. — The  legal  voters  may  also,  at  such 
meeting,  determine  the  number  ef  mills,  not  exceeding  ten 
mills  on  the  dollar  of  assessed  valuation,  which  shall  be  ex- 
pended for  the  building,  purchase,  or  lease  of  a  schoolhouse  in 
said  district,  when  there  are  no  bonds  voted  for  such  purpose, 
which  amount  shall  be  reported,  levied,  and  collected  as  in  the 
preceding  section;  Provided,  That  the  aggregate  number  of  mills 
voted  shall  not  exceed  twenty-five  (25)  mills, 

SBO.  13. — Building  fund,  how  expended. — The  tax  levied 
and  collected,  as  provided  by  the  preceding  section,  shall 
be  expended  under  the  direction  of  the  district  made  at  the  an- 
nual meeting,  or  in  the  absence  of  suorh  direction,  then  such  tax 
shall  be  expended  as  the  district  board  of  the  district  may  direct. 
Money  remaining  in  the  treasury  after  the  purpose  for  which  it 
was  raised  has  been  accomplished,  and  after  all  debts  for  which 

SEC.  11  The  annual  meeting  vote*  the  tax,  the  county  board  or  clerk  Iwtes 
it  Cited  4  Neb.,  307.  11  Id.,  360.  12  Id.,  255.  I  Id.,  83L  Unauthorized  levy.  19 
Id.,  485. 

SEC.  13.  „  Moneys  derived  from  state  funds,  and  apportioned  by  county 
superintendent,  can  be  legally  used  for  no  purpose  except  to  pay  teachers' 
wages.  School  officers  who  use  any  part  of  such  funds  for  any  other  purpose 
become  personally  responsible  to  the  district  for  the  amount  thus  used,  and  are 
liable  to  be  prosecuted  for  malfeasance  in  office.  As  regards  money  raised  by 
district  tax;  (1)  When  the  district  has  directed  the  manner  in  which  this  tax 
shall  be  expended,  the  officers  are  bound  to  follow  such  direction.  The  fact 
that  the  district  at  a  meeting  voted  a  tax  for  a  particular  purpose  Is  held  to  be 
"direction"  as  regards  the  money  derived  from  that  specific  part  of  the  tax, 
(2)  When  the  district  has  not  specified  any  particulars  in  voting  the  tax,  nor 
directed  the  board  in  any  manner  as  to  the  disbursement  of  the  school  funds, 
then  the  district  officers  may  pay  out  the  funds  as  called  for,  and  at  their  dis- 
cretion (except  the  state  apportionment,  as  mentioned  above).  When  money 
has  been  raised  for  building  purposes,  or  any  other  specific  purpose,  and  has 
not  been  expended,  the  district  at  any  meeting  may  transfer  such  money  to  any 
other  fund.'  The  building  fund  cannot  be  legally  transferred  to  the  teachers' 
fund  as  long  as  there  are  debts  due  against  the  district  for  building  expenses. 
Funds  derived  from  the  state  cannot  be  legally  transferred  from  the  teachers' 
fund  in  any  manner  whatever.  (See  last  part  of  section  1,  subdivision  XI,  and 
last  clause  of  section  5,  article  VIII,  of  the  constitution.) 

The  "direction  spoken  of  In  this  section  Is  general,  and  not  special;  It  can- 
not descend  to  all  the  details  of  school  management.  Cited  t  Neb.,  331.  19  Id., 
162.  82  Id..  854. 


26  SCHOOL   LAWS   OP   NEBRASKA*  Subdiv.  2. 

the  fund  is  liable  have  been  discharged,  may  be  transferred  to 
any  other  fund  of  the  district,  at  any  district  meeting. 

SEO.  14. — Length  of  term. — They  shall  also  determine  at  each 
annual  meeting  the  length  of  time  a  school  shall  be  taught  in  the 
district  t&e  ensuing  year,  which  shall  not  be  less  than  three 
months  by  a  legally  qualified  teacher  in  a  district  having  less 
than  twenty  pupils  of  school  age,  nor  less  than  six1  months  in 
districts  having  between  twenty  and  seventy-five  pupils,  in- 
clusive, nor  less  than  nine  months  in  districts  having  more  than 
seventy-five  pupils.  They  may  also  determine  and  instruct  the 
district  officers  as  to  the  different  length  of  the  terms  of  school, 
and  the  seasons  of  the  year  in  which  the  same  shall  be  taught; 
and  the  district  officers  shall  see  that  school  is  actually  taught 
therein  by  a  licensed  teacher  in  conformity  to  such  instructions 
and  for  not  less  than  the  length  of  time  herein  required.  No  dis- 
trict shall  receive  any  portion  of  the  state  funds  unless  school 
shall  have  been  actually  taught  therein  for  the  length  of  time 
required  by  this  act ;  Provided,  that  in  case  of  epidemic  sickness 
prevailing  to  such  an  extent  that  the  school  board  in  any  district 
shall  deem  it  advisable  to  close  any  or  all  schools  within  the 
district,  or  if  on  account  of  the  destruction  of  the  school 
house,  it  shall  be  impossible  to  continue  the  school,  such 
closing  of  school  shall  not  prevent  it  from  drawing  its 
proper  share  of  the  state  apportionment.  Such  sickness,  or 
destruction  of  the  school  house,  shall  be  sworn  to  by  the  district 
board,  and  the  oath  filed  with  the  county  superintendent  within 
ten  days  after  the  annual  school  meeting.  Provided  further, 
That  no  district  shall  be  deprived  of  its  proportionate  share  of 
state  school  funds  when  it  shall  appear  by  the  affidavit  of  the 
district  board,  to  be  made  and  filed,  as  aforesaid,  that  the  district 
has  in  good  faith  raised  and  expended  the  maximum  tax  allowed 
by  law  and  the  funds  so  raised  have  been  insufficient  to  maintain 
a  school  for  the  time  herein  provided. 

SEC,  15. — Sale  of  district  property.— Said  qualified  voters 
shall  also,  at  any  annual  or  special  meeting,  authorize  and 
direct  by  a  two-thirds  vote  the  sale  of  any  schoolhouse,  site, 
building,  or  other  property  belonging  to  the  district  when  the 
same  shall  no  longer  be  needed  for  the  use  of  the  district;  and 

SEC.  14.  The  things  mentioned  In  section  14  must  be  determined  at  the  annual 
meeting,  and  If  not  then  determined  must  be  left  to  the  board. 

The  penalty  which  the  law  Inflicts  upon  a  district  for  not  keeping  up  schools 
is  the  forfeiture  of  the  next  year's  apportionment. 

The  teacher's  pay  goes  on  while  the  school  is  closed  by  order  of  the  board 
go  long  as  he  holds  himself  in  readiness  to  go  on  with  the  school. 

It  must  be  clear  that  in  consequence  of  such  epidemic  (or  destruction  of 
house)  no  school  could  be  taught,  and  that  the  failure  was  not  caused  by  mere 
neglect.  [Maxwell's  Practice.] 

It  Is  the  duty  of  the  county  superintendent  to  see  that  no  district  In  his 
county  receives  credit  for  school  taught  by  one  who  does  not  hold  »  valid  cer- 
tificate. 

If  a  district,  at  the  annual  meeting,  leave  the  length  of  term  of  school  to  the 
discretion  of  the  school  board.  It  can  be  comcelled  to  make  srood  the  reasonable 


Subdiv.  3. 


DISTRICT   OFFICERS. 


27 


when  real  estate  is  sold  the  district  may  convey  the  same  by  deed, 
signed  by  the  moderator  of  the  district,  and  such  deed,  when 
acknowledged  by  such  officer  to  be  the  act  of  the  district,  may 
be  recorded  in  the  office  of  the  recorder  of  deeds  of  the  county 
in  which  the  real  estate  is  situated,  in  like  manner  as  other 
deeds. 

SEC.  16. — Prosecution  and  defense. — They  may  also  give 
such  directions  and  make  such  provisions  as  they  shall  deem 
necessary  in  relation  to  the  prosecution  or  defense  of  any  pro- 
ceeding in  which  the  district  may  be  a  party  or  interested. 


SUBDIVISION  III.— DISTRICT  OFFICERS. 


1,  Officers  elected  by  ballot. 

2.  First  year  of  term. 
8.  Acceptance. 

4.  Organization. 

6.  New  notice. 

6.  Appointment  of  officers. 


7.  Organization. 

8.  Presumed  legally  organized. 

9.  Term  of  officers. 

10.  Officer  may  teach  upon  petition  of 

two  thirds. 

11.  Mandamus. 


SECTION  1. —  Election  of  officers. — The  qualified  voters  of 
every  new  district,  when  assembled  pursuant  to  legal  notice, 
and  all  existing  districts  at  their  annual  meetings,  shall  elect 
by  ballot,  from  the  qualified  voters  of  such  district,  a  moderator 
for  three  years,  a  director  for  two  years,  and  a  treasurer  for  one 
year;  and  at  the  expiration  of  their  respective  terms  of  office, 
and  regularly  thereafter,  their  several  successors  shall  be  elected 
for  the  term  of  three  years  each,  and  all  officers  so  elected  shall 
hold  their  offices  till  their  successors  are  elected  or  appointed  and 
qualified;  Provided,  That  officers  of  existing  organized  districts 
shall  continue  and  discharge  the  duties  of  their  several  offices 
until  the  expiration  of  the  same. 

SEC.  2. — First  year  of  term. — When  a  new  district  is  organ- 
ized and  officers  elected  at  any  other  time  than  at  the  annual 
meeting,  the  time  intervening  between  the  date  of  such  organiza- 
tion and  the  beginning  of  the  next  school  year  shall  constitute 
the  first  year  in  the  term  of  such  officers. 

SEC.  3. — Acceptance. — Within  ten  days  after  their  election, 
these  several  officers  shall  file  with  the  director  a  written 

SEC.  1.  The  newly  elected  director  should  file  his  acceptance  with  his  pre- 
decessor, or,  If  he  had  none,  it  should  be  written  out  and  kept  with  the  papers 
in  his  office. 

District  officers  must  be  elected  by  ballot.  No  authority  to  adjourn  annual 
meeting  for  the  election  of  officers.  15  Neb.,  444. 

SEC.  3.  An  officer  elected  or  appointed  should  not  fail  to  file  a  written  accept- 
ance with  the  director;  a  verbal  acceptance  is  not  enough;  but  it  is  held  that 
the  entrance  upon  and  the  discharge  of  the  duties  of  the  office  is  a  sufficient 
acceptance.  The  filing  of  his  bond  by  the  treasurer  elect  is  held  to  be  the 
fame  in  effect  as  a  formal  written  acceptance.  See  30  Neb.,  SGO, 


28  SCHOOL   LAWS   OF   NEBRASKA.  Subdiv.    3. 

acceptance  of  the  offices  to  which  they  shall  have  been  respect- 
ively elected,  which  shall  be  recorded  by  said  director. 

SEC.  4. — Organization. — Every  such  school  district  shall  be 
deemed  duly  organized  when  any  two  of  the  officers,  elected 
at  the  first  meeting,  shall  have  filed  their  acceptance  as  afore- 
said. 

SEC.  5. — New  notice. — In  case  the  inhabitants  of  any  district 
shall  fail  to  organize  the  siame,  in  pursuance  of  such  notice 
as  aforesaid,  the  said  county  superintendent  shall  give  a  new 
notice  in  the  manner  hereinbefore  provided,  and  the  same 
proceeding  shall  be  had  thereon  as  if  no  previous  notice  had 
been  delivered. 

SEC.  6. — Appointment  by  county  superintendent. — In  all 
cases  where  the  county  superintendent  of  any  county  shall 
form  a  school  district  therein,  and  where  no  election  for 
school  district  officers  shall  be  held  therein,  it  shall  be  the  duty 
of  the  county  superintendent  of  the  county  in  which  such  dis- 
trict is  situated,  to  appoint  the  officers  of  such  district  from  the 
legal  voters  thereof,  which  officers  thus  appointed  shall  severally 
file  with  the  director  a  written  acceptance  of  the  offices  to  which 
they  shall  have  been  appointed,  which  shall  be  recorded  by  the 
director. 

SEC.  7. — Organization. — Every  such  school  district  shall  be 
deemed  duly  organized  whenever  any  two  of  the  officers  thus 
appointed  shall  have  filed  their  acceptance  as  aforesaid,  and 
such  school  districts  and  its  officers  shall  be  entitled  to  all  the 
rights,  privileges,  and  immunities,  and  be  subject  to  all  the 
duties  and  liabilities  conferred  upon  school  districts  by  law. 

SEC.  8. — Presumption  of  legal  organization. — Every  school 
district  shall,  in  all  cases,  be  presumed  to  have  been  legally 
organized  when  it  shall  have  exercised  the  franchises  and  privi- 
leges of  a  district  for  the  term  of  one  year. 

SEC.  9. — Term  of  office. — District  officers  appointed  to  fill  va- 
cancies shall  hold  their  office  until  the  beginning  of  the  next 
school  year.  Officers  elected  at  a  special  meeting  shall  serve 

SEC.  4.  In  organizing  a  new  district,  great  care  should  be  taken  to  have  all 
the  steps  legal,  and  to  preserve  full,  clear,  and  accurate  record  of  all  the  pro- 
ceedings, since,  during  the  first  year  after  the  district  is  organized,  any  charge 
of  illegality  in  its  formation  must  be  met  by  reference  to  the  records  of  its 
organization,  and  by  section  8,  subdivision  I,  such  records  are  made  prima  facie 
evidence  of  the  facts  therein  set  forth.  But  after  a  district  has  been  transact- 
ing regular  business  for  a  year,  according  to  section  8,  subdivision  III,  it  is 
then  held  to  be  a  legal  district. 

SEC.  8.    Cited  42  Neb..  439. 


Subdiv.  4.       DISTRICT  OFFICERS — POWERS  AND  DUTIES. 


29 


for  the  remainder  of  the  unexpired  term,  and  until  their  suc- 
cessors are  elected  and  qualified. 

SEC.  10. — Officer  as  teacher. — No  person  holding  a  school 
district  office  shall  be  employed  -to  teach  in  the  district  of 
which  he  is  an  officer,  unless  upon  a  petition  signed  by  two-thirds 
of  the  legal  voters  of  the  district,  which  petition  shall  be  filed 
with  the  papers  of  the  district.  The  contract  of  such  officer  shall 
be  made  by  the  other  members  of  the  district  board. 

SEC.  11. — Refusal  to  sign  or  pay  orders. — Whenever  a 
director  or  moderator  refuses  to  sign  orders  on  the  treas- 
urer, or  the  treasurer  thinks  best  to  refuse  the  payment  of 
orders  drawn  upon  him,  the  difficulty  shall  be  referred  for  adju- 
dication to  the  county  superintendent,  who  shall  proceed  at  once 
to  investigate  the  matter,  and  if  he  finds  that  the  officer  com- 
plained of  refuses  through  contumacy  or  for  insufficient  reasons, 
it  shall  be  the  duty  of  the  superintendent,  on  behalf  of  the  dis- 
trict, to  apply  to  the  proper  court  for  a  writ  of  mandamus  to 
compel  the  officer  to  perform  his  duty. 


SUBDIVISION  IV.— DISTRICT  OFFICERS,  POWERS 
AND  DUTIES. 


L  Moderator,     preside,     sign     orders, 
elected  pro  tern. 

2.  Moderator,     order     withdrawal     or 

arrest  of  disorderly  person. 

3.  Penalty  for  disturbing  meeting1. 

4.  Treasurer,  bond,  approval,  filing. 

5.  Treasurer    receive     and     pay     out 

funds. 

6.  Treasurer,  record,  reports. 

7.  Treasurer,  appears  for  district. 

8.  Treasurer,  insufficient  bond. 

9.  Director,  clerk. 

10.  Director,  keep  record. 


11.  Director,    contract    with    teachers, 

notice  of  school. 

12.  Director,  census. 

13.  Director,  supplies,  repairs. 

14.  Director,     estimate     of     expenses, 

statement  of  orders  drawn,  min- 
utes of  meeting. 

15.  Director,  notice  of  district  meeting. 

16.  Director,  draw  all  orders. 

17.  Director,  report  to  county  superin- 

tendent. 

18.  County    superintendent    authorized 

to  administer  oaths. 

19.  Statement  of  assessed  valuation. 


SECTION  1. — Moderator,  duties  of. — The  moderator  shall  have 
power,  and  it  shall  be  his  duty,  to  preside  at  all  meetings 
of  the  district,  to  countersign  all  orders  upon  the  treasurer 
for  money  to  be  disbursed  by  the  district,  and  all  warrants  of 
the  director  on  the  county  treasurer  for  moneys  raised  for  dis- 
trict purposes,  or  apportioned  to  the  district  by  the  county 

SEC.  11.  This,  however,  will  not  prevent  a  party  in  a  proper  case  from  bring- 
ing an  action  in  his  own  name.  Cited  19  Neb.,  665;  32  Id.,  S54;  35  Id.,  655. 

SEC.  1.  "When  the  moderator  refuses  to  sign  orders  legally  issued  by  the 
director,  he  can  be  compelled  to  do  so  by  mandamus.  (Bee  section  U,  sub- 
division III.) 

When  the  moderator  is  absent  from  a  district  meeting,  one  should  be  ap- 
pointed. The  director  is  clerk  of  the  meeting,  and  has  no  right  to  preside  in 
the  absence  of  the  moderator. 


30  SCHOOL   LAWS   OF    NEBRASKA.  Subdiv.    4. 

superintendent,  and  to  perform  such  other  duties  as  may  be 
required  of  him  by  law.  If  the  moderator  be  absent  from  any 
district  meeting,  the  qualified  voters  present  may  elect  a  suitable 
person  to  preside  at  the  meeting. 

SEC.  2. — Arrest  of  disorderly  person. — If  at  any  district 
meeting  any  person  shall  conduct  himself  or  herself  in  a  dis- 
orderly manner,  and,  after  notice  of  the  moderator  or  person 
presiding,  shall  persist  therein,  the  moderator  or  person  presiding 
may  order  him  or  her  to  withdraw  from  the  meeting,  and  on  his 
or  her  refusal,  may  order  any  constable,  or  any  other  person  or 
persons  to  take  him  or  her  into  custody  until  the  meeting  shall 
be  adjourned. 

SEC.  3. — Fine  for  disturbing  meeting. — Any  person  or  per- 
sons who  shall  refuse  to  withdraw  from  such  meeting  on  be- 
ing so  ordered  as  provided  in  the  preceding  section,  or  who 
shall  willfully  disturb  such  meeting  shall,  on  conviction  thereof, 
be  fined  in  a  sum  not  exceeding  twenty  dollars,  which  fine  shall 
be  paid  into  the  school  fund  of  the  district.  » 

SEC.  4. — Bond  of  treasurer.— The  treasurer  of  each  district 
shall,  within  ten  days  after  the  election,  execute  to  the  county 
and  file  with  the  director  a  bond  of  not  less  than  five  hun- 
dred dollars  in  any  instance,  nor  less  than  double  the  amount 
of  money  as  near  as  can  be  ascertained,  to  come  into  his  hands 
as  treasurer  and  at  any  one  time,  with  sufficient  sureties,  to  be 
approved  by  the  director  and  moderator,  conditioned  for  the 
faithful  discharge  of  the  duties  of  his  office;  such  bond  when  ap- 
proved shall  be  filed  by  the  director  in  the  office  of  the  county 
clerk  of  the  county  wherein  the  school  district  is  situated;  and  if 
the  treasurer  shall  fail  to  execute  such  bond,  his  office  shall  be 
declared  vacant  by  the  district  board  and  the  board  shall  imme- 
diately appoint  a  treasurer,  who  shall  be  subject  to  the  same  con- 
ditions and  possess  the  same  powers  as  if  elected  to  that  office. 

SECS.  2  and  8.  For  penalty  for  disturbing  any  school,  society,  or  meeting 
convened  for  Improvement  in  music,  letters,  or  for  social  improvement,  see 
Criminal  Code,  Compiled  Statutes. 

SEC  4.  The  treasurer  should  not  be  allowed  to  draw  money  from  the  county 
treasurer  till  he  has  filed  his  bond.  The  other  members  of  the  board  should  not 
be  sureties  on  the  treasurer's  bond.  A  school  treasurer  may  hold  other  offices, 
county  or  precinct.  When  a  board  allows  a  treasurer,  whose  bond  has  not 
been  approved,  to  handle  public  funds,  the  members  of  the  board  become  indi- 
vidually liable  for  any  loss  that  may  occur.  District  treasurers  are  reminded 
that  to  use  or  lend  any  part  of  the  public  money  in  their  hands  is  an  offense 
which,  If  proven  against  them,  renders  them  liable  to  fine  and  imprisonment. 
(See  Compiled  Statutes.)  The  treasurer  must  file  his  bond  with  the  director 
and  the  director  must  file  it  with  the  county  clerk.  The  director  should  keep 
a  record  of  both  filings.  A  district  treasurer  elected  to  succeed  himself  must 
file  a  new  bond.  52  Neb.,  L 


Subdiv.  4.      DISTRICT  OFFICERS — POWBBS  AND  DUTIES.  31 

SEO.  6. — Receipt  and  disbursement. — It  shall  be  the  duty  of 
the  treasurer  of  each  district  to  apply  for  and  receive  from 
the  county  treasurer  all  school  moneys  apportioned  to  the 
district  or  collected  for  the  same  by  said  county  treasurer,  upon 
order  of  the  director,  countersigned  by  the  moderator,  and  to  pay 
over  on  the  order  of  the  director,  countersigned  by  the  moderator 
of  such  district,  all  moneys  received  by  him. 

SEO.  6. — Treasurer's  record. — The  treasurer  shall  keep  a  book 
furnished  by  the  district,  in  which  he  shall  enter  all  the 
moneys  received  and  disbursed  by  him,  specifying  particularly 
the  source  from  which  money  has  been  received,  and  to  what 
fund  it  belongs,  and  the  person  or  persons  to  whom,  and  the 
object  for  which  the  same  has  been  paid  out.  He  shall  present 
to  the  district,  at  each  annual  meeting,  a  report  in  writing,  con- 
taining a  statement  of  all  moneys  received  by  him  during. the 
preceding  year,  and  of  the  disbursements  made  by  him,  with  the 
items  of  such  disbursements,  and  exhibit  the  vouchers  therefor, 
and  at  the  close  of  the  term  of  his  office  shall  settle  with  the  dis- 
trict board,  and  shall  hand  over  to  his  successor  said  books 
and  all  receipts,  vouchers,  orders,  and  papers  coming  into  his 
hands,  as  treasurer  of  the  district,  together  with  all  moneys  re- 
maining in  his  hands  as  such  treasurer. 

SEO.  7. — Treasurer,  appear  for  district. — It  shall  also  be  the 
duty  of  the  treasurer  to  appear  for  and  on  behalf  of  the  dis- 
trict in  all  suits  brought  .by  or  against  the  same,  whenever  no 
other  directions  shall  be  given  by  the  qualified  voters  in  the  dis- 
trict meeting,  except  in  suits  in  which  he  is  interested  adversely 
to  the  district;  and  in  all  such  cases  the  director  shall  appear  for 
such  district,  if  no  other  directions  shall  be  given  as  aforesaid. 

SEO.  8. — Insufficient  bond. — Whenever  by  the  failure  of  his 

SEC.  5.  This  money  may  be  drawn  from  the  county  treasury  at  any  time. 
(See  section  1.) 

It  is  the  right  and  duty  of  the  district  treasurer  to  draw  and  hold  funds  col- 
lected by  the  county  treasurer  to  the  credit  of  the  district.  22  Neb., .52. 

School  dtetrict  funds  can  be  paid  out  legally  only  on  the  order  of  the  director, 
countersigned  by  the  moderator. 

The  county  treasurer  has  no  right  to  receive  orders  drawn  by  the  director 
In  favor  of  any  one  but  the  district  treasurer,  who  is  the  only  person  authorized 
to  receive  district  money  from  the  county  trlasurer,  and  he  should  pay  no 
order  until  countersigned  by  the  moderator.  11  Neb.,  283. 

A  school  district  has  no  authority  to  release  its  treasurer  from  liability  for 
money  lost  or  misapplied  by  him.  10  Neb.,  296.  Cited  19  Id.,  494,  565. 

SEC.  6.  The  district  treasurer  should  settle  with  the  district  at  the  annual 
meeting,  and  the  terms  and  items  of  this  settlement  should  be  recorded  In  full. 

SEC.  7.  Action  on  a  demand  belonging  to  the  district  must  be  brought  in 
the  name  ef  the  district.  11  Neb.,  283.  When*  the  action  is  not  brought  by  the 
treasurer  the  petition  should  state  the  cause.  10  Neb.,  268.  Cited  12  Id.,  24$. 

SEC.  8.  Duties  devolving  upon  the  moderator  and  director  by  this  section 
can  only  be  performed  by  those  two  officers  acting  In  conjunction.  22  Neb.,  51. 

Collection  of  taxea  for  payment  of  loss  of*  funds  in  insolvent  bank.    51  Neb 

m 


32  SCHOOL   LAWS   OP   NEBRASKA.  SllbcliV.   4. 

sureties,  or  otherwise,  the  official  bond  of  the  district  treas- 
urer becomes,  in  the  opinion  of  the  other  members  of  the 
board,  insufficient  to  protect  the  district  from  loss,  it  shall  be 
the  duty  of  the  director  and  moderator  to  demand  additional 
security,  or  a  new  bond  of  the  treasurer.  If  the  treasurer  refuse 
or  neglect  to  procure  a  satisfactory  bond  and  present  it  to  the 
other  members  for  approval  within  ten  days  after  said  demand, 
the  said  moderator  and  director  may  declare  his  office  vacant, 
and  proceed  to  call  a  district  meeting  to  elect  a  new  treasurer  to 
fill  the  unexpired  term; 

Provided,  That  nothing  in  this  section  shall  be  construed  to 
interfere  with  the  liabilities  of  principal  and  sureties  in  such 
bond  or  the  rights  of  sureties  as  defined  by  law  regulating  official 
bonds. 

SEC.  9. — Director,  clerk. — The  director  shall  be  clerk  of  the 
district  board  and  of  all  district  meetings  when  present,  but 
if  he  shall  not  be  present,  the  qualified  voters  may  appoint  a 
clerk  for  the  time  being,  who  shall  certify  the  proceedings  to  the 
director  to  be  recorded  by  him. 

SEC.  10. — Director's  record. — The  director  shall  record  all 
proceedings  of  the  district  in  a  book  furnished  by  the  district, 
to  be  kept  for  that  purpose,  and  preserve  copies  of  all  reports 
made  to  the  county  superintendent,  and  safely  preserve  and  keep 
all  books  and  papers  belonging  to  his  office. 

SEO.  11. — Teacher's  contract.— The  director,  with  the  con- 
sent and  advice  of  the  moderator  and  treasurer,  or  one  of  them, 
or  under  their  direction,  if  he  shall  not  concur,  shall  contract 
with  and  hire  qualified  teachers  for  and  in  the  name  of  the  dis- 

SEC.  10.  It  Is  to  this  record  alone  that  resort  must  be  had  to  ascertain  what 
the  district  has  done,  what  taxes  it  has  voted,  etc.  4  Neb.,  307. 

SEC.  11.  The  district,  at  the  annual  meeting,  may  determine  whether  a  sum- 
mer or  winter  school  shall  be  taught  (see  section  14,  subdivision  II),  but  It  is 
the  business  of  the  board  to  choose  the  teacher,  and  the  director  shguld  make 
the  formal  contract  with  the  person  so  chosen.  If  the  director  refuses  to  make 
the  contract  it  may  b©  made  by  the  other  two  members  of  the  board. 

A  school  board  may  direct  the  school  to  be  closed  on  Thanksgiving,  the 
Fourth  of  July,  or  similar  occasions,  and  not  require  the  teacher  to  make  up 
the  time. 

The  school  board  is  the  proper  party  to  fix  the  wages  of  teachers— the  district 
meeting  cannot  do  it.  % 

Unless  a  teacher  agrees  on  his  contract  to  build  fires  and  sweep  the  school^ 
house,  he  cannot  be  compelled  to  do  so. 

A  district  board  cannot  make  a  legal  contract— one  that  will  bind  the  district 
—with  a  teacher  who  does  not  hold  a  valid  certificate,  and  members  of  the 
board  will  be  personally  liable  to  the  district  for  money  paid  to  a  teacher  who 
Is  not  legally  qualified.  13  Neb.,  52. 

A  teacher  Is  legally  qualified  to  teach  In  a  joint  district,  who  holds  a  cer- 
tificate from  the  superintendent  of  either  county  in  which  such  district  lies. 

If  the  contract  Is  signed  by  one  who  Is  a  director  de  facto  It  will  bind  the  dis- 
trict.   9  Neb.,  56.    Contract  by  director  and  treasurer  valid,    IS  Neb..  69.    35  Id 
655.    Breach  of  contract.    SI  Neb..  501. 


Subdiv.  4.      DISTRICT  OFFICERS — POWERS  AND  DUTIES.  33 

trict,  which  contract  shall  be  in  writing  and  shall  have  the  con- 
sent of  the  moderator  and  treasurer,  or  one  of  them,  endorsed 
thereon,  and  shall  specify  the  wages  per  week  or  month  as 
agreed  by  the  parties,  and  a  duplicate  thereof  shall  be  filed  in 
his  office; 

Provided,  That  if  the  director  shall  refuse  to  make  and  sign 
such  contract,  when  directed  s.o  to  do  by  the  moderator  and 
treasurer,  then  it  may  be  made  and  signed  by  the  moderator  and 
treasurer.  The  director  shall  notify  the  county  superintendent 
at  the  time  the  contract  is  made,  of  the  length  of  the  proposed 
term  of  school,  when  the  school  will  begin  and  of  the  name  of 
the  teacher.  And  no  money  belonging  to  the  district  shall  be 
paid  for  teaching  to  any  but  legally  qualified  teachers. 

Provided,  further,  That  a  contract  made  before  the  annual 
Meeting,  in  order  to  be  legal,  must  be  signed  by  two  members 
whose  terms  of  office  do  not  expire  with  the  school  year  in  whieh 
such  contract  is  made. 

Provided,  further,  That  no  such  contract  with  a.  teacher  shall 
be  valid  unless  agreed  to  either  by  all  the  members  of  the  dis- 
trict board  or  by  two  members  of  such  board  who  are  not  related 
to  the  fourth  degree  to  the  said  teacher  and  whose  terms  of 
office  extend  beyond  the  date  of  the  term  of  school  contracted 
for. 

SEC.  12. — Census.— Within  ten  days  previous  to  the  annual 
district  meeting,  the  director  shall  take  the  census  of  his  district, 
and  make  a  list  in  writing  of  the  names  of  all  the  children  belong- 
ing thereto,  between  the  ages  of  five  and  twenty-one  years,  to- 
gether with  the  names  of  all  the  tax-payers  in  the  district.  In  case 
of  the  absence  or  inability  of  the  director,  such  census  shall  be 
taken  by  the  moderator  or  treasurer,  or  such  person  as  they 
may  appoint,  and  a  copy  of  such  list,  verified  by  the  oath  of  the 
person  taking  such  census,  by  affidavit  appended  to  or  endorsed 
thereon,  setting  forth  that  it  is  a  correct  list  of  the  names  of  all 
children  belonging  to  the  district  between  the  ages  of  five  and 
twenty-one  years,  and  that  it  was  taken  within  ten  days  preced- 

SEC.  12.  The  census  can  be  legally  taken  at  no  other  time  than  this.  No 
special  census  report  can  be  called  for. 

Marriage  will  not  exclude  from  the  census  list  persons  otherwise  entitled  to 
be  enumerated.  No  stated  length  of  time  is  required  that  children  must  live 
in  a  district  before  they  are  counted  in  the  census.  Children  brought  into  a 
district  within  the  ten  days  during  which  the  census  can  be  taken,  if  already 
counted  in  the  district  from  which  they  came,  should  be  listed  in  the  district 
to  which  they  have  come,  and  stricken  from  the  other. 

The  home  of  a  child  is  usually  with  its  parents  or  guardians,  but  may  be 
elsewhere.  A  child  of  school  age  who,  lona  ftde,  resides  in  a  district  for  other 
than  school  purposes,  is  entitled  to  school  privileges,  and  its  name  should  be  in- 
cluded in  the  school  census. 

2 


34  SCHOOL   LAWS   OP   NEBRASKA.  Subdiv.  4. 

ing  the  annual  meeting,  shall  be  returned  with  the  annual  report 
of  the  director  to  the  county  superintendent;  Provided,  That-  in 
cities  of  the  first  and  second  class,  thirty  (30)  days  shall  be 
allowed  for  taking  said  census,  said  census  to  be  completed 
before  July  1. 

Sao.  13.— Supplies,  repairs.— The  director  shall,  with  the 
concurrence  of  the  moderator  and  treasurer,  or  either  of  them, 
provide  the  necessary  appendages  for  the  schoolhouse,  and  keep 
tha  same  in  good  condition  and  repair  during  the  time  school 
shall  be  taught  in  said  schoolhouse,  and  shall  keep  an  accurate 
account  of  all  expenses  incurred  by  him  as  director.  Such  ac- 
count shall  be  audited  by  the  moderator  and  treasurer,  and  on 
their  written  order  shall  be  paid  out  of  the  general  school  fund. 

SEC.  14. — Estimate  of  expenditures. — He  shall  present  at 
each  annual  meeting  an  itemized  estimate  of  the  amounts  neces- 
sary to  be  expended  during  the  ensuing  year  for  school  pur- 
poses, and  for  the  payment  of  the  services  of  any  school  district 
officer;  but  no  tax  for  these  purposes  shall  be  voted  at  any 
special  meeting.  He  shall  also  present  to  the  annual  meeting  a 
statement  of  all  orders  drawn  on  the  county  treasurer,  and  the 
amount  of  each,  and  of  all  orders  on  the  district  treasurer,  and 
the  amount  of  each,  for  what  purpose  and  to  whom  given.  Before 
adjournment  of  each  annual  meeting  the  director  shall  read  the 
minutes  of  the  meeting  and  have  the  same  corrected  and  ap- 
proved by  a  majority  vote  vt  said  meeting. 

SEC.  15. — Notice  of  district  meeting.— He  shall  give  the 
prescribed  notice  of  the  annual  district  meetings,  and  all  such 
special  meetings  as  he  shall  be  required  to  give  notice  of,  in 
accordance  with  the  provisions  of  this  chapter,  one  copy  of  which 
for  each  meeting  shall  be  posted  on  the  outer  door  of  the  school- 
house,  if  there  be  one. 

SEC.  16. — District  orders. — He  shall  draw  and  sign  all  orders 
upon  the  treasurer  for  all  moneys  to  be  disbursed  by  the  dis- 
trict, and  all  warrants  upon  the  county  treasurer  for  moneys 
raised  for  district  purposes,  or  apportioned  to  the  district  by  the 

SBC.  14.  If  the  districts  desire  to  pay  their  school  officers,  they  must  at  the 
annual  meeting  make  provision  for  so  doing. 

SEC.  16.  School  district  orders  are  subject  to  same  defense  against  a  bona 
fide  holder  for  value  as  against  the  payee.  4  Neb.,  359.  Cited  19  Id.,  564.  32  Id., 
370.  A  writ  of  mandamus  cannot  issue  to  the  treasurer  of  a  school  district  re- 
quiring payment  by  him  of  an  order  payable  by  Its  terms  at  a  fixed  time  in  the 
future,  and  in  the  meantime  drawing  interest  at  a  rate  per  centum  defined  by 
the  terms  of  the  order  itself.  39  Id.,  570.  Moderator  must  countersign  all  proper 
orders.  35  N«b.,  655. 

The  school  board  has  no  authority  to  draw  and  accept  orders  on  a  fund 
which  the  district  has  proposed,  but  not  yet  raised.  4  Neb.,  360. 


Subdiv.  4.      DISTRICT  OFFICERS — POWERS  AND  DUTIES.  35 

county  superintendent,  and  present  the  same  to  the  moderator, 
to  be  countersigned  by  him,  and  no  warrant  shall  be  issued  until 
so  countersigned.  No  warrant  shall  be  countersigned  by  the 
moderator  until  the  amount  for  which  the  warrant  is  drawn  is 
written  upon  its  face.  The  moderator  shall  keep  a  record,  in  a 
book  furnished  by  the  district,  of  the  amount,  date,  purpose  for 
which  drawn,  and  name  of  person  to  whom  issued,  of  each  war- 
rant countersigned  by  him. 

SEC.  17. — Report  of  census. — The  director  shall,  within  ten 
days  after  the  annual  district  meeting,  deliver  to  the  county 
superintendent,  to  be  filed  in  his  office,  a  report  under  oath,  show- 
ing the  whole  number  of  children  belonging  to  the  district  be- 
tween the  ages  of  five  and  twenty-one  years  according  to  the 
census  taken  aforesaid;  and  any  district  board  neglecting  to  take 
the  enumeration  and  make  a  return  of  the  same  shall  be  liable  to 
said  district  for  all  school  moneys  which  such  district  may  lose 
by  such  neglect. 

Within  ten  days  after  the  annual  district  meeting,  the  director 
shall  report  to  the  county  superintendent,  to  be  filed  in  his  office, 
a  report  under  oath,  showing: 

1st.  The  number  attending  school  during  the  year  under  five, 
and  also  the  number  over  twenty-one  years  of  age. 

2d.  The  whole  number  that  have  attended  school  during  the 
year. 

3>d.  The  whole  number  in  the  district  between  the  ages  of 
eight  [seven]  and  fourteen  [fifteen]  years,  inclusive. 

4th.  The  whole  number  in  the  district  between  the  ages  of 
eight  [seven]  and  fourteen  [fifteen]  years,  inclusive,  that  have  at- 
tended school  not  less  than  twelve  weeks  during  the  school  year. 

5th.  The  length  of  time  the  school  has  been  taught  during  the 
year  by  a  qualified  teacher,  the  length  of  time  taught  by  each 
teacher,  and  the  wages  paid  to  each. 

6th.  The  total  number  of  days  all  scholars  between  the  ages 
of  five  and  twenty-one  years  have  attended  school  during  the 
year. 

7th.  The  amount  of  money  received  from  the  county  treasurer 
during  the  year,  and  the  amount  of  money  expended  by  the  dis- 
trict during  the  year. 

8th.  The  number  of  mills  levied  for  all  school  purposes. 

SEC.  17.  The  penalty  incurred  by  a  failure  to  report  correctly  the  items  in 
the  first  paragraph  of  this  section  applies  equally  to  the  others.  Should  the 
director  not  send  in  a  complete  report,  it  is  the  duty  of  the  county  superintend 
ent  to  return  it  for  correction.  The  report  must  be'  made  under  oath.  See  ~ 
tion  10,  subdivision  10. 


SCHOOL   LAWS    OF    NEBRASKA. 


Subdiv.  5. 


9th.  The  kind  of  books  used  in  the  school. 

10th.  Number  of  children  to  whom  text-books  are  furnished, 
and  kind  of  books. 

llth.   The  amount  of  bonded  indebtedness. 

12th.  Such  other  facts  and  statistics  as  the  superintendent 
shall  direct. 

SEC.  18. — County  superintendent  administer  oaths. — For 
the  purpose  of  attesting  school  reports  and  other  purposes  con- 
nected with  the  administration  of  the  school  law,  county  super- 
intendents are  hereby  authorized  to  administer  the  required 
oaths. 

SEC.  19.— Statement  of  assessed  valuation. — It  shall  be  the 
duty  of  the  director  to  furnish,  for  the  use  of  the  annual  meet- 
ing of  each  year,  a  statement  of  the  aggregate  assessed  valua- 
tion of  all  property  in  the  district,  and  the  amount  of  taxes,  as 
near  as  may  be,  that  will  be  collected  for  the  use  of  the  district. 


SUBDIVISION  V.— DISTRICT  BOARD,  POWERS  AND 

DUTIES. 


1.  District     board,     how     constituted, 

quorum,  meetings  of. 

2.  Report  of  taxes  voted. 

3.  General    care    of    school,    course    of 

study. 

4.  Non-resident  pupils. 

4a.  Attendance  at  nearer  school. 

46   Transportation  of  pupils. 

40.  Instruction  in  neighboring  district. 

5.  Suspension  of  pupils. 

6.  Purchase,  lease,  and  sale  of  site. 


60.  Outhouses. 

7.  Title  to  site. 

8.  Payment  of  school  moneys. 

9.  Care   and   custody  of   school  prop- 

erty. 

10.  Office  shall  become  vacant,  when, 

11.  Vacancies,  how  filled. 

12.  County    Superintendent   to   flll   Y&- 

cancies,  when. 

13.  Officer    cannot    contract    with    dis- 

trict. 


SECTION  1 . — District  board — Quorum  Meeting. — The  mod- 
erator, director,  and  treasurer  shall  constitute  the  district  board, 
and  in  all  meetings  of  the  board  two  members  shall  constitute  a 
quorum  for  the  transaction  of  business.  Meetings  of  the  board 
may  be  called  upon  the  agreement  of  two  members,  but  all  mem- 
bers shall  have  notice  of  the  time  and  place  of  meeting. 

SEC.  2.— Report  of  taxes  voted. — Immediately  after  the  an- 

SEC.  1.  A  contract  entered  Into  and  signed  by  persons  styling  themselves  as 
director  and  moderator  of  a  school  district  is  their  individual  contract  and  not 
binding  on  the  district.  4  Neb.,  254.  The  action  of  a  majority  of  the  board  will 
not  bind  the  district  without  notice  to  or  participation  therein  of  the  other 
members.  Id. 

A  contract  with  a  teacher  Is  an  exception  to  this  rule.    13  Neb.,  69.    35  Id.,  655. 

SEC.  2.  Taxes  were  voted  by  a  district  while  comprising  three  townships. 
Before  the  levy  2l/2  townships  were  detached.  Held,  Taxes  should  be  levied  on 
the  district  as  it  existed  at  the  time  of  the  levy.  9  Neb.,  336.  But  where  such 
taxes  were  levied  in  the  district  as  it  existed  at  the  time  they  were  voted  an<| 
collected  from  property  therein,  held,  that  the  new  district  could  recover  from 
the  old  the  amount  collected  in  its  territory.  Id.  When  a  district  board  refuses 
to  act,  it  may  be  compelled  to  perform  its  lawful  duties  by  a  writ  of  mandamus. 
11  Neb.,  859. 


Subdiv.  5.        DISTRICT  BOARD — POWERS  AND  DUTIES.  37 

nual  district  meeting,  and  not  later  than  the  first  Monday  in  July, 
said  board  shall  make  and  deliver  to  the  county  superintendent, 
and  also  to  the  county  clerk  of  each  county  in  which  any  part 
of  the  district  is  situated,  reports  in  writing,  under  their  hands, 
of  all  taxes  voted  by  the  district  during  the  current  school  year, 
to  be  levied  on  the  taxable  property  of  the  district,  and  to  be 
collected  by  the  county  treasurer  at  the  same  time  and  in  the 
same  manner  as  the  state  and  county  taxes  are  collected;  and 
when  collected,  to  be  paid  over  to  the  treasurer  of  the  proper 
district  on  the  order  of  the  director,  countersigned  by  the  mod- 
erator of  said  district,  it  shall  be  the  duty  of  the  county  clerk 
to  levy  such  taxes,  if  voted  according  to  law. 

SEC.  3. — General  care  of  school.— The  district  school  boards 
shall  have  the  general  care  of  the  schools,  and  shall  have  the 
power  to  cause  pupils  to  be  taught  in  such  branches  and  classi- 
fied in  such  grades  or  departments  as  may  seem  best  adapted  to 
a  course  of  study  whiqh  the  school  boards  of  any  county  shall 
establish  by  the  consent  and  advice  of  the  county  superintend- 
ent thereof,  and  the  school  board  of  each  district  shall  cause 
a  record  of  the  advancement  in  each  branch  of  study  of  all  the 
pupils  to  be  kept  in  a  book  to  be  provided  for  this  purpose;  and 
it  is  hereby  made  the  duty  of  each  district  board,  or  of  one  of 
their  number  empowered  by  the  board,  to  attend  all  meetings 
called  by  the  county  superintendent  for  the  purpose  of  adopting 
or  revising  a  course  of  study  for  the  advancement  of  district 
schools,  of  making  rules  and  regulations  as  they  may  think 
necessary  for  the  government  and  health  of  the  pupils,  and  of 
devising  such  means  as  may  seem  best  to  secure  regular  attend- 
ance and  progress  of  children  at  school. 

SEC.  4. — Non-resident  pupils. — Said  board  may  also  admit  to 
the  district  school  non-resident  pupils,  and  may  determine  the 
rates  of  tuition  of  such  pupils  and  collect  the  same  in  advance, 
but  no  tuition  shall  be  charged  such  children  as  are  or  may  be 
by  law  allowed  to  attend  such  school  without  charge. 

SEC.  4a. — Attendance  at  a  nearer  school. — That  when  chil- 
dren of  school  age  reside  with  their  parents  or  guardians  more 

SEC.  3.  The  board  may  discharge  a  teacher  who,  for  any  cause,  is  found 
incompetent.  6  Neb.,  173.  Cited  31  Id.,  552. 

SEC.  4.  The  residence  of  a  pupil  is  usually  with  his  parents,  if  living;,  but 
may  be  elsewhere.  Children  sent  into  the  district  just  to  board  and  attend 
gchqol  are  ncrt  residents. 

SEC.  4a.  A  person  whose  children  and  taxes  have  been  transferred  to  an 
adjoining  district  for  school  purposes,  does  not  thereby  become  a  legal  voter 
of  such  adjoining  district. 


38  SCHOOL    LAWS    OF    NEBRASKA.  Subdiv.  5. 

than  one  and  one-half  miles  from  the  schoolhouse  in  their  own 
district,  and  at  least  one-half  mile  nearer  to  the  schoolhouse  in 
an  adjoining  district,  said  distances  to  be  measured  by  the 
shortest  route  possible  upon  section  lines  or  traveled  roads  open 
to  the  public,  such  children  may  have  school  privileges  in  the  said 
adjoining  district  instead  of  in  the  district  of  their  residence, 
under  the  following  conditions,  to- wit:  The  parent  or  guardian 
of  such  children  shall,  at  or  before  each  annual  meeting,  notify 
the  county  superintendent  of  each  district  affected,  using  such 
form  of  notice  as  the  state  superintendent  shall  prescribe,  which 
notice  shall  state  the  distances  as  herein  provided,  and  shall  be 
attested  by  the  signature  of  a  legal  voter  and  taxpayer  of  the 
district  in  which  said  children  or  wards  reside,  and  the  signature 
of  a  majority  of  the  members  of  the  school  board  of  the  district 
in  which  said  children  or  wards  desire  school  privileges,  in  addi- 
tion to  the  signature  of  such  parent  or  guardian;  and  said  county 
superintendent  shall  notify  the  director  of  each  district  to  trans- 
fer such  person,  together  with  such  children  or  wards,  to  said 
adjoining  district  for  school  purposes  for  the  year  next  ensuing, 
and  it  shall  be  the  duty  of  said  county  superintendent  to  see  that 
the  said  children  or  wards  are  enumerated  in  the  said  adjoining 
district  and  not  in  the  district  of  their  residence.  The  county 
superintendent  shall  notify  the  county  elerk  of  the  said  transfer, 
and  the  said  county  clerk  shall  be  empowered,  and  it  is  hereby 
made  his  duty,  to  place  the  school  taxes,  except  for  the  payment 
of  existing  bonds  or  interest  on  the  same,  of  the  said  parents 
or  guardians  and  of  the  real  estate  on  which  they  reside, 
not  exceeding  a  quarter  section  of  land,  for  the  year  next 
ensuing,  in  the  said  adjoining  district  instead  of  the  district 
of  their  residence,  basing  such  school  taxation  upon  the  levy 
for  school  purposes  in  said  adjoining  district,  and  the  assessed 
valuation  of  the  property  of  such  parents  or  guardians  and  said 
real  estate  as  determined  by  the  proper  officers,  and  the  said 
taxes  shall  be  collected  as  provided  by  law  for  other  taxes. 

Provided,  That  when  such  transfer  shall  have  been  made,  such 
children  shall  continue  to  have  school  privileges  in  said  adjoin- 
ing district  until  their  parents  or  guardians  shall,  in  writing, 
notify  the  county  superintendent  of  their  desire  to  be  again 
transferred  to  the  district  of  their  residence,  or  shall  remove 
from  said  real  estate;  in  either  event,  the  county  superintendent 
shall  notify  the  county  clerk  of  such  re-transfer,  and  the  taxes  of 
said  parent  or  guardian  and  real  estate  shall  again  be  placed 
in  the  district  of  their  residence. 


Subdiv.  5.        DISTRICT  BOARD — POWE&S  AND  DUTIES.  && 

SEC.  4b.— Transportation  of  pupils.— That  a  board  of  educa- 
tion of  a  city,  or  a  board  of  trustees  of  a  high  school  district, 
by  a  two-thirds  vote  of  the  entire  board,  or  a  district  board  of 
any  school  district  in  this  state  when  authorized  by  a  two-thirds 
vote  of  those  present  at  any  annual  or  special  meeting,  is  hereby 
empowered  to  make  provision  for  the  transportation  of  pupils 
residing  within  said  district  to  any  other  school  [within  said 
district]  to  which  said  pupils  may  lawfully  attend,  whenever  the 
distance  from  such  school  shall  render  it  impracticable  for  said 
pupils  to  attend  without  transportation. 

SEC.  4c.— Instruction  in  neighboring  district. — That  a 
board  of  trustees  of  a  high  school  district,  or  a  district  board  of 
a  school  district  in  this  state,  when  authorized  by  a  two-thirds 
vote  of  those  present  at  any  annual  or  special  meeting,  is  hereby 
empowered  to  contract  with  the  district  board  of  any  neighbor- 
ing district  for  the  instruction  of  [all]  pupils  residing  in  the  first 
named  district  in  schools  maintained  by  the  neighboring  district, 
and  to  make  provision  for  the  transportation  of  said  pupils  to  the 
above  named  school  of  the  neighboring  district  under  the  con- 
ditions named  in  the  preceding  section;  Provided,  That  school 
districts  thus  providing  instruction  for  their  children  in  neighbor- 
ing districts  shall  be  considered  as  maintaining  a  school  as  re- 
quired by  law;  Provided,  further,  That  the  teacher  of  the  last 
named  school  shall  keep  a  separate  record  of  attendance  of  all 
pupils  from  the  first  named  district  and  make  a  separate  report 
to  the  director  of  said  district. 

SEC.  5. — Suspension  of  pupils. — They  may  authorize  or  order 
the  suspension  or  expulsion  from  the  school,  whenever  in  their 
judgment  the  interests  of  the  school  demand  it,  of  any  pupil 
guilty  of  gross  misdemeanors  or  persistent  disobedience,  but 
such  suspension  shall  not  extend  beyond  the  close  of  the  term. 

SEC.  6. — Site,  purchase,  lease, and  sale. — They  shall  purchase 
or  lease  such  site  for  a  schoolhouse  as  shall  have  been  designated 
by  the  district,  in  the  corporate  name  thereof,  and  shall  build, 
hire,  or  purchase  such  schoolhouse  out  of  the  fund  provided  for 
that  purpose,  and  shall  make  sale  and  conveyance  of  any  site 
or  other  property  of  the  district,  when  lawfully  directed  by  the 
qualified  voters  at  any  annual  or  special  meeting. 

SEC.  5.  This  section  gives  school  boards  authority  to  suspend  pupils.  There 
Is  no  law  for  referring  such  questions  to  a  special  district  meeting,  and  it  will 
save  acrimony  if  the  board,  after  consulting  with  the  teacher  or  teachers,  will 
settle  all  such  matters  with  the  least  possible  public  disturbance. 

The  right  to  suspend  or  expel  vests  in  the  board,  but  may  be  exercised  by  the 
teacher  in  emergencies,  with  immediate  reference  to  the  board  for  final  action. 

SEC.  6.    Building  committee.    45  Neb.,  239. 


40  SCHOOL    LAWS    OP    NEBRASKA.  Subdiv.  5. 

SEC.  6a. — Outhouses. — It  shall  be  the  duty  of  school  district} 
boards  to  provide  on  every  schoolhouse  site,  and  keep  in  good  re- 
pair and  in  clean  and  healthful  condition,  at  least  two  separate 
water  closets  or  privies,  located  on  those  portions  of  the  site  the 
farthest  from  the  main  entrance  to  the  schoolhouse,  and  as  far 
from  each  other  as  the  surrounding  condition  will  permit;  Pro- 
vided, That  where  adequate  and  separate  interior  closets  are  pro- 
,vided  and  maintained  in  good  repair  and  healthful  condition, 
the  foregoing  condition  of  this  act  shall  not  apply. 

SEC.  7. — Title  to  site. — The  district  shall  not  in  any  case  build 
a  stone  or  brick  schoolhouse  upon  any  site,  without  having  first 
obtained  a  title  in  fee  to  the  same;  and,  also,  that  they  shall 
not  in  any  case  build  a  frame  schoolhouse  on  any  site  for  which 
they  have  not  a  title  in  fee,  without  the  privilege  to  move  the 
same  when  lawfully  directed  to  do  so  by  the  qualified  voters  of 
the  district  at  any  annual  or  special  meeting. 

SEC.  8. — Payment  of  school  moneys. — The  district  board 
shall  apply  and  pay  over  all  school  moneys  belonging  to  the  dis- 
trict in  accordance  with  the  provisions  of  law  regulating  the 
same,  as  may  be  directed  by  the  district,  but  no  school  money 
apportioned  to  any  school  district  shall  be  appropriated  to  any 
other  use  than  the  payment  of  teachers'  wages;  and  no  part 
thereof  shall  be  paid  to  any  teacher  who  shall  not  have  received 
a  certificate  as  required  in  this  chapter,  before  the  commence- 
ment of  his  or  her  school. 

SEC.  9.— Care  and  custody  of  school  property.— The  said 
board  shall  have  the  care  and  custody  of  the  schoolhouse  and 
other  property  of  the  district,  except  so  far  as  the  same  shall 
be  confided  to  the  custody  of  the  director. 

SBC.  9.  This  section  has  given  rise  to  much  controversy,  and  many  disputed 
points  still  remain  unsettled.  The  following  opinions  seem  to  be  well  founded: 

1.  The  schoolhouse  was  erected  for  school  purposes,  and  cannot  legally  be 
used  for  any  other  purpose  that  will  interfere  with  its  use  for  this. 

2.  A  room  in  a  schoolhouse  not  needed  for  school  purposes  may  be,  leased  for 
any  purpose  not  injurious  to  the  school,  or  a  detriment  to  the  usefulness  of  the 
other  parts  of  the  building  for  school  purposes;  but  the  contract  for  such  lease 
cannot  extend  beyond  the  close  of  the  school  year. 

3.  The  right  to  determine  whether  a  schoolhouse  shall  be  used  for  other  than 
school  purposes  belongs  to  the  voters  of  the  district  when  assembled  in  a  lawful 
manner;  but  when  the  district  has  not  acted  on  the  subject  the  board  has  con- 
trol until  some  action  is  taken  by  the  district.     But  neither  board  nor  district 
has  any  right  to  allow  the  schoolhouses  to  be  used  in  such  a  way  as  to  interfere 
with  the  school. 

4.  If  the  voters  of  the  district  wish  to  use  the  schoolhouse  for  meetings  of 
various  kinds,  there  seems  to  be  no  good  reason  why  they  may  not  so  use  it  so 
long  as  they  do  not  interfere  with  the  school  work.    The  decisions  of  the  su- 
preme courts  of  Indiana,   Illinois,   Iowa,    and  many   other   states   confirm   this 
view.     Kansas,   New  Jersey,   and  West  Virginia   confer  upon  the  trustees,   by 
statute,  the  right  to  use  the  house  for  such  purposes.     In  the  absence  of  any 
decision  by  our  own  courts  the  above  rulings  will  govern  this  department. 


Subdiv.  5.        DISTRICT  BOARD — POWERS  AND  DUTIES.  41 

SEO.  10. — Vacancy  in  district  office. — Every  school  district 
office  shall  become  vacant  by  the  death,  resignation,  or  removal 
from  office,  or  removal  from  the  district  of  the  incumbent,  or 
by  his  absence  from  the  district  for  a  continuous  period  of  sixty 
days  at  one  time. 

SEC.  11.— Appointment  to  fill  vacancy.— The  said  board 
shall  have  power  to  fill  by  appointment  any  vacancy  that  may 
occur  in  their  number,  and  it  shall  be  their  duty  to  fill  such 
vacancy  after  its  occurrence;  Provided,  That  in  case  said  board 
shall,  from  any  cause,  fail  to  fill  such  vacancy,  the  same  may  be 
filled  by  election  at  a  special  school  district  meeting  called  for 
that  purpose,  by  the  qualified  voters  present,  which  meeting  shall 
be  called  in  the  same  manner  and  be  subjected  to  the  same  regu- 
lations as  other  special  district  meetings. 

SEO.  12. — Appointment  by  county  superintendent.— 
When,  by  a  division  of  a  district,  not  more  than  one  officer  is  left 
in  the  old  district,  the  county  superintendent  shall  appoint,  to 
fill  the  vacant  offices,  suitable  persons,  who  shall  hold  their  offices 
until  the  second  Monday  in  July  after  the  next  annual  meeting, 
and  until  their  successors  are  elected  and  qualified. 

SEO.  13.— Officer  cannot  contract  with  district.— No  school 
officer  shall  be  party  to  any  school  contract  for  building  or  fur- 
nishing supplies,  except  in  his  official  capacity  as  a  member  of 
the  board. 


SUBDIVISION  VI.— HIGH  SCHOOL  DISTRICTS,  FREE 

ATTENDANCE,  AND  EDUCATION  OF  PAUPER 

CHILDREN. 


12.  Terms  for  adjoining  district. 

13.  Trustees  of  rural  high  school. 

14.  Same. 

15.  Same. 

16.  Same. 

17.  Expense  of  rural  high  school. 

18.  Bond  issue. 

19.  Same. 

20.  Funds  heretofore  paid,  etc. 

21.  Education  of  pauper  children. 

22.  Tuition. 


1.  Organization  of  district. 

2.  Board,  organization  of. 

3.  Classification  of  scholars. 

4.  Statement  of  receipts,  etc. 

5.  Free  high  school  attendance. 

6.  Common   school,    high   schools    de- 

fined. 

7.  Boards  must  report. 

8.  Adjunct  district. 

9.  Rural  high  school. 

10.  Proposition  submitted. 

11.  Officers  shall  certify. 

SECTION  1 . — Organization  of  district. — Any  district  contain- 

SEC.  10.  When  a  school  officer  resigns,  and  his  resignation  is  accepted,  he 
cannot  withdraw  it  and  again  resume  the  office.  The  only  way  to  remove  a 
school  district  officer  is  by  a  proper  action  before  a  court  of  competent  jurisdic- 
tion. 

SEC.  1.  In  the  formation  of  a  high  school  district,  It  is  necessary  to  reorgan- 
ize and  elect  an  entire  new  set  of  trustees. 

The  change  from  a  primary  to  a  high  school  district  can  be  made  only  by  a 
vote  at  the  annual  district  meeting. 

The  official  terms  of  the  old  board  expire  on  the  second  Monday  of  July  fol- 
lowing the  election  of  the  new  board  of  trustees.  17  Neb,,  55§, 


42  SCHOOL    LAWS    OF    NEBRASKA.  Subdiv.  6. 

ing  more  than  one  hundred  and  fifty  children,  between  the  ages 
of  five  and  twenty-one  years,  may  elect  a  district  board  consist- 
ing of  six  trustees;  Provided,  The  district  shall  so  determine  at 
an  annual  meeting  by  a  vote  of  a  majority  of  the  voters  attend- 
ing such  meeting.  When  such  change  in  the  district  board  shall 
have  been  voted,  the  voters  at  such  annual  meeting  shall  proceed 
immediately  to  elect  two  trustees  for  the  term  of  one  year,  two 
for  the  term  of  two  years,  and  two  for  the  term  of  three  years, 
and  annually  thereafter  two  trustees  shall  be  elected,  whose 
terms  of  office  shall  be  three  years,  and  until  their  successors 
shall  have  been  elected  and  qualified. 

SEO.  2. — Board,  organization  of. — Within  ten  days  after  their 
election,  such  trustees  shall  file  with  the  directors  a  written  ac- 
ceptance of  the  office  to  which  they  have  been  elected,  and  shall 
annually  elect  from  their  own  number  a  moderator,  a  director, 
and  a  treasurer,  and  for  cause  may  remove  the  same,  and  may 
appoint  others  of  their  own  members  in  their  places,  who  shall 
perform  the  duties  prescribed  by  law  for  such  officers  in  the 
primary  school  districts  in  this  state,  except  as  hereinafter  pro- 
vided. The  trustees  shall  have  power  to  fill  any  vacancy  that  may 
occur  in  their  number  till  the  next  annual  meeting.  Whenever 
in  any  case  the  trustees  shall  fail,  through  disagreement  or 
neglect,  to  elect  the  officers  named  in  this  section  within  twenty 
days  next  after  their  annual  meeting,  the  county  superintendent 
of  the  county  in  which  such  district  makes  its  annual  report 
shall  appoint  the  said  officers  from  the  members  of  said  trustees. 

SBC.  3. — Classification  of  scholars. — Said  trustees  shall  have 
power  to  classify  and  grade  the  scholars  in  such  district,  and 
cause  them  to  be  taught  in  such  schools  and  departments  as  they 
may  deem  expedient;  to  establish  in  such  district  a  high  school 
when  ordered  by  a  vote  of  the  district  at  any  annual  meeting, 
and  to  determine  the  qualifications  for  admission  to  such  schools; 
to  employ  all  teachers  necessary  for  the  several  schools  of  said 
district;  to  prescribe  courses  of  study  and  text-books  for  the 
use  of  said  schools;  and  to  make  such  rules  and  regulations  as 
they  may  think  needful  for  the  government  of  the  schools  and 
for  the  preservation  of  the  property  of  the  district,  and  also  to 
determine  the  rates  of  tuition  to  be  paid  for  non-resident  pupils 
attending  any  school  in  said  district  except  non-resident  pupils 
attending  the  high  school  without  charge. 

SBC.  3,  Power  given  to  enforce  reasonable  rules.  Report  cards.  35  Neb.,  L 
Selection  of  studies  by  the  parent.  31  Neb.,  552. 


Subdiv.  6.  HIGH  SCHOOL  DISTRICTS.  43 

SEC.  4. — Statement  of  receipts  and  expenditures — Esti- 
mate— Taxes. — The  said  trustees  shall  present  at  each  annual 
meeting  a  statement  in  writing  of  all  receipts  and  expenditures 
on  behalf  of  the  district  for  the  preceding  year,  and  of  all 
funds  then  on  hand,  and  an  estimate  of  the  amounts  necessary 
to  be  raised  by  the  district,  in  addition  to  the  money  to  be  re- 
ceived from  the  primary  school  fund  and  other  sources,  for  the 
support  of  the  schools  of  said  district  for  the  ensuing  year,  and 
for  incidental  expenses  thereof;  and  the  said  district  may,  at  the 
annual  meeting,  vote  such  sums,  to  be  raised  by  tax  upon  the  tax- 
able property  of  said  district,  as  may  be  required  to  maintain 
the  several  schools  thereof  for  the  year. 

[FREE  HIGH  SCHOOLS.] 

SEC.  5.— Free  attendance  at  high  schools. — That  all  regu- 
larly organized  public  high  schools  determined  by  the  state 
superintendent  of  public  instruction  to  be  properly  equipped 
as  to  teachers,  appliances  and  course  of  study,  and  located  in 
districts  whose  school  boards  shall  have  voted  to  open  such  high 
schools  for  the  instruction  of  non-resident  pupils  under  the 
provisions  of  this  act,  shall  be  open  to  attendance  by  any  person 
of  school  age  residing  outside  of  the  district,  and  resident  of 
the  adjunct  district  as  hereinafter  defined,  of  the  same  county, 
whose  education  cannot  profitably  be  carried  further  in  the 
public  school  of  the  district  of  his  residence;  such  attendance 
shall  be  without  charge  of  tuition  to  the  pupil  except  as  herein- 
after provided;  Provided,  Such  pupil  must  have  a  certificate 
signed  by  the  county  superintendent,  that  said  pupil  has  com- 
pleted the  common  school  course  prescribed  by  the  state  super- 
intendent for  work  below  the  high  school;  Provided,  further, 
such  non-resident  pupils  shall  be  subject  in  all  respects  to  the 
same  rules  and  restrictions  as  those  which  govern  resident 
pupils  attending  such  high  school  and  attend  the  nearest  high 
school  of  approved  grade  whose  course  of  study  such  pupils  have 
not  completed  in  the  county  of  their  residence :  Provided,  further, 
When  any  high  school  shall  be  unable  to  furnish  accommoda- 
tions to  any  more  non-residents  without  constructing  or  renting 
additional  buildings,  the  board  of  education  may  refuse  admis- 
sion to  such  pupils. 

SEC.  6.— Common  schools  and  high  schools  defined.— It 
shall  be  the  duty  of  the  state  superintendent  of  public  instruction 
to  determine  annually  what  high  schools  in  this  state  meet  the 
requirements  of  the  preceding  section  and  are  subject  to  the 
provisions  of  this  act.  Schools  having  no  more  than  eight 
grades  or  years  of  study  shall,  for  the  purposes  of  this  act,  be 


44  SCHOOL    LAWS    OF    NEBRASKA.  Subdiv.  6. 

deemed  common  schools,  and  schools  having  more  than  eight 
grades  shall  be  deemed  high  schools. 

SEC.  7. — School  boards  must  report  cost  and  attendance. 
—The  school  board  of  each  school  district  in  this  state  whose 
high  school  is  attended -by  pupils  under  the  provisions  of  this 
act  shall,  at  the  close  of  each  school  year,  report  in  such  form 
as  the  state  superintendent  may  prescribe,  to  the  county  board 
of  each  county  in  which  such  pupils  are  resident,  the  name  of 
each  pupil  non-resident  of  the  district  attending  such  high  school 
from  such  county  and  the  length  of  time  of  attendance  of  each 
such  pupil  in  weeks  as  hereinafter  specified,  the  total  cost  of 
maintaining  such  high  school  for  that  year,  the  total  number  of 
pupils  both  resident  and  non-resident  attending  such  school,  the 
average  number  of  weeks  as  hereinafter  specified  that  each  pupil 
attended  such  school,  and  the  cost  per  pupil  per  week  of  main- 
taining such  school;  and  the  county  board  shall,  at  its  first 
regular  meeting  after  the  filing  of  such  report,  allow  said  district 
the  sum  of  seventy-five  cents  for  each  non-resident  pupil  reported 
for  each  week  during  any  part  of  which  said  non-resident  pupil 
shall  have  been  in  attendance,  and  order  a  warrant  to  be  drawn 
on  the  fund  raised  under  the  provisions  of  section  4  of  this  act  of 
such  county  for  such  sum,  and  the  teacher's  register  shall  be 
prima  facie  evidence  of  the  attendance  of  pupils  set  forth  in  said 
report;  Provided,  That  when  the  actual  cost  of  maintaining  such 
high  school  per  pupil  per  week  shall  be  less  than  seventy-five 
cents  per  week,  then  the  sum  paid  to  said  district  for  non-resi- 
dent pupils  shall  be  such  actual  cost,  and  when  the  cost  of  main- 
taining such  high  school  shall  exceed  seventy-five  cents  per  pupil 
per  week,  the  parent  or  guardian  of  each  non-resident  pupil  shall 
pay  such  excess  for  each  pupil. 

SEC.  8. — Meeting  expense  and  establishment  of  adjunct 
district. — For  the  purpose  of  meeting  the  expense  contemplated 
by  this  act,  all  of  the  territory  of  each  county  in  this  state  not 
included  in  any  high  school  district  may  be  constituted  as  an 
independent  taxing  district  to  be  known  as  the  adjunct  district 
of  such  county;  the  common  school  district*  or  parts  of  districts 
included  in  such  adjunct  district  shall  be  the  voting  precincts 
of  said  adjunct  districts;  it  is  hereby  made  the  duty  of  the  mod- 
erator of  each  common  school  district  in  this  state  to  submit 
the  question  of  the  establishment  of  an  adjunct  district  in  the 
county  in  which  it  is  located  to  a  vote  of  the  legal  voters  of  his 
district  at  the  annual  meeting  of  said  district  next  occurring 


Subdiv.  6.  HIGH  SCHOOL  DISTRICTS.  45 

after  the  taking  effect  of  this  act,  and  to  certify  the  result  of  such 
vote  to  the  county  superintendent.  In  districts  which  include  a 
part  of  two  or  more  counties,  tbt*  vote  of  the  electors  resident 
in  each  county  shall  be  separately  taken  and  certified  to  the 
proper  superintendent.  If  a  majority  of  the  votes  cast  in  any 
county  on  said  question  shall  be  in  favor  of  the  establishment  of 
an  adjunct  district,  the  county  superintendent  shall  certify  such 
fact  to  the  county  clerk,  and  the  county  board  of  such  county 
shall  thereafter  annually  levy  a  tax  of  not  to  exceed  two  mills 
on  the  dollar  of  assessed  valuation  of  such  adjunct  district,  and 
the  tax  collected  thereunder  shall  be  a  special  fund  to  pay  tuition 
of  non-resident  pupils  under  the  terms  of  this  act.  If  the  vote 
provided  for  in  this  section  in  any  county  shall  be  against 
such  adjunct  district,  the  question  may  again  be  submitted  at 
any  subsequent  annual  meeting  of  the  common  school  districts 
embraced  in  said  proposed  adjunct  district,  and  any  adjunct 
district  may  be  discontinued  by  a  majority  vote  of  its  electors 
taken  in  the  manner  above  provided  for  its  establishment. 

[RURAL  HIGH  SCHOOLS.] 

SEC.  9. — Rural  high  school. — Any  two  or  more  adjoining 
school  districts  in  any  county  in  this  state,  which  are  not  able 
or  do  not  deem  it  expedient  to  maintain  a  school  of  more  than 
eight  (8)  grades  may  unite  for  the  purpose  of  forming  one  high 
school  district  and  maintaining  one  high  school  as  hereinafter 
provided. 

SEC.  10. — Proposition  submitted  at  annual  or  special 
meeting. — The  proposition  so  to  unite  shall  be  submitted  to  the 
regular  annual  meeting  of  each  district  proposed  to  be  joined  in 
such  high  school-district,  or  at  a  special  meeting  called  for  the 
purpose,  as  provided  in  subdivision  two  (2)  of  chapter  seventy- 
nine  (79)  of  Compiled  Statutes,  and  shall  require  for  its  adoption 
a  majority  of  all  the  qualified  voters  present  at  such  meeting  in 
each  of  the  districts  proposed  to  be  so  joined  for  high  school 
purposes. 

SEC.  11. — Officers  shall  certify  to  county  superintend- 
ent.— When  any  two  or  more  adjoining  school  districts  in  any 
county  shall  have  voted  to  unite  for  high  school  purposes,  the 
officers  thereof  shall  certify  the  fact  to  the  county  superintendent 
of  said  county,  who  shall  thereupon  give  to  such  high  school 
district  so  formed  an  appropriate  name,  not  borne  by  any  other 
school  district  or  high  school  district  in  said  county,  and  it  shall 

thereafter  be  known  by  such  name  as  the  High  School 

District  of County,  Nebraska.  Where  the  majority  of 


46  scEtooL  LAWS  OF  NEBRASKA.  Subdiv.  6. 

votes  are  cast  for  such  a  union  of  districts,  and  such  high  school 
is  established,  no  district  can  withdraw  its  support  from  the 
union  without  the  mutual  consent  of  all  the  districts  expressed 
by  the  majority  vote  of  each. 

SEC.  1 2.— Terms  for  adjoining  district  to  unite.— After  any 
such  high  school  district  has  been  established,  if  any  adjoining 
common  school  district  shall,  by  a  majority  vote  of  the  qualified 
voters  therein,  at  any  annual  or  special  meeting,  express  a  desire 
to  unite  with,  and  be  included  in  such  high  school  district  for 
the  benefits  thereof,  it  may  be  done;  providing,  this  proposition 
is  accepted  by  a  majority  vote  of  all  qualified  voters  at  an  annual 
or  special  meeting  in  a  majority  of  the  school  districts  so  united, 
or  if  but  two  districts,  in  each.  Notice  of  such  acceptance,  by 
the  president  of  the  high  school  district  to  the  moderator  of  said 
common  school  district,  shall  operate  as  ofllcial  proclamation  of 
the  incorporation  of  said  common  school  district  in  and  part  of 
the  high  school  district. 

SBC.  13.— Trustees  of  rural  high  school— Powers  and 
duties. — The  directors  for  the  time  being  of  the  several  school  dis- 
tricts so  joined  for  high  school  purposes,  provided  the  number 
of  such  districts  shall  exceed  two,  shall  be  the  trustees  and  gov- 
erning body  of  such  high  school  district.  If  the  number  of  such 
districts  shall  be  two  only,  the  said  trustees  shall  annually  choose 
a  third  person,  having  the  qualifications  of  a  member  of  the 
school  board  in  one  or  the  other  of  the  respective  school  districts 
to  be  a  trustee  of  said  high  school  district,  who  shall  within 
ten  days  after  his  election  file  with  such  trustees  or  one  of  them 
a  written  acceptance  of  said  office.  Such  trustees  shall  annually, 
subsequent  to  the  annual  meetings  of  the  school  districts  so 
united  for  high  school  purposes,  elect  from  their  number  a  chair- 
man and  a  clerk  and  shall  at  the  same  time  elect  a  treasurer 
who  may  or  may  not  be  one  of  their  number.  They  shall  alfro 
have  power  to  fill  any  vacancy  that  may  occur  in  their  number 
or  in  any  of  said  offices  till  the  same  can  be  regularly  filled. 

SEC.  1 4. — Same.— Said  trustees  shall  have  all  the  power  of  school 
boards  of  school  districts  in  this  state  with  reference  to  the 
lease,  purchase,  acquisition  or  disposition  of  buildings,  sites  and 
property  for  school  purposes,  provided  that  where  the  provisions 
of  subdivision  five  (5)  of  chapter  seventy-nine  (T9)  of  the  Com- 
piled Statutes  require  the  consent  or  authority  or  direction  ef  the 
school  district,  the  said  trustees  must  be  authorized  by  the  votes 
of  meetings  of  a  majority  of  the  districts  so  united,  or  if  said 
districts  are  two  only,  of  each  of  them. 


Subdiv.  6.  HIGH  SCHOOL  DISTRICTS.  47 

SEC.  1 5. — Same. — The  powers  and  duties  of  the  chairman,  clerk, 
and  treasurer  respectively,  of  such  board  of  trustees,  shall  be 
the  same,  as  near  as  may  be,  as  those  of  the  moderator,  director 
and  treasurer,  respectively,  of  a  school 'district,  as  fixed  in  sub- 
division four  (4)  of  chapter  seventy-nine  (79)  of  the  Compiled 
Statutes,  except  that  no  census  of  such  high  school  district  shall 
be  required  to  be  taken,  and  that  contracts  with  teachers  shall 
require  the  sanction  of  a  majority  of  such  trustees. 

SEC.  1 6. — Same. — The  trustees  shall  establish  and  maintain  a 
high  school  in  said  district  at  such  place  as  they  may  deem  most 
expedient,  and  to  that  end  shall,  with  the  advice  and  approval  of 
the  county  superintendent,  have  the  authority  to  determine  the 
qualifications  for  admission  to  such  high  school,  to  employ  all 
necessary  teachers,  to  prescribe  courses  of  study  and  text-books, 
to  determine  the  rate  of  tuition  to  be  paid  by  non-resident  pupils 
attending  any  such  high  school,  and  to  make  such  rules  and 
regulations  as  they  may  think  needful  for  the  government  of 
such  school  and  for  the  preservation  of  the  property  of  such 
high  school  district.  Provided,  That  such  course  of  study  shall 
conform  to  the  general  course  of  study  and  gradation  pre- 
scribed by  the  state  superintendent  of  public  instruction,  which 
he  is  hereby  authorized  to  prescribe  for  all  high  schools  main- 
tained under  the  provisions  of  this  act. 

SEC.  1 7. — Expense  of  maintaining  rural  high  schools.— 
The  expenses  of  maintaining  such  high  schools  shall  be  borne 
by  the  several  school  districts  -united  for  the  purpose,  in  propor- 
tion to  their  assessed  valuation.  To  that  end,  the  trustees  shall, 
prior  to  each  annual  school  district  meeting,  prepare  an  orti- 
mate  of  the  sums  required  for  the  maintenance  of  such  high 
school  during  the  coming  year,  and  the  share  to  be  borne  by 
each  school  district,  and  the  number  of  mills  necessary  to  be 
levied  in  each  of  said  districts  so  united  to  meet  its  said  share, 
and  shall  further  certify  said  estimate,  the  amount  of  said  share 
and  the  amount  of  said  required  levy  to  each  of  said  district's 
meetings.  In  case  the  meetings  in  a  majority  of  the  districts  so 
united,  or  in  case  there  are  but  two,  in  each,  shall  reject  such 
estimates,  the  trustees  shall  at  once  give  ten  (10)  days  notice 
by  posting  the  same  upon  the  door  of  each  school  house  in  eaeh 
of  said  districts  and  in  three  other  of  the  most  conspicuous  places 
in  each  district,  of  a  meeting  of  all  the  qualified  voters  of  each 
of  the  districts  so  united  for  high  sctaol  purposes  at  some  acces- 
sible place  within  the  limits  of  said  high  school  districts,  for 


48  SCHOOL   LAWS    OP    NEBRASKA,  Subdiv.  6. 

the  purpose  of  settling  the  amount  required  to  maintain  such 
high  school,  the  share  of  each  district,  and  the  number  of  mills 
required  to  be  levied.  At  such  meeting,  the  chairman  of  said 
board  of  trustees  shall  preside  and  the  clerk  shall  record  its 
proceedings.  Said  meeting  shall  fix,  by  a  majority  vote  of  the 
qualified  voters  of  said  several  districts  present,  the  amount 
necessary  to  -be  raised,  the  share  of  each  district,  and  the  levy 
necessary  in  each  district  to  meet  said  share,  and  the  clerk  shall 
thereupon  forthwith  certify  the  number  of  mills  so  fixed  upon 
to  be  levied  in  each  district  to  the  county  board.  In  case,  how- 
ever, said  estimates  eo  prepared  by  said  trustees,  shall  not 
be  acted  upon  at  said  district  meeting  or  shall  not  be  rejected 
as  above  provided,  then  said  trustees  shall  certify  the  same  as 
by  them  originally  fixed  to  said  county  board;  the  tax  so  fixed 
shall  be  levied  in  each  school  district  by  the  said  county  board 
and  collected  as  other  county  taxes,  and  the  proceeds  thereof 
shall  be  turned  over  to  the  treasurer  of  said  high  school  district, 
except  the  principal  sum  of  bonds  for  the  erection  of  a  building 
as  hereinafter  provided  shall  in  no  year  be  suffered  to  exceed 
seventy-five  (75)  per  cent  of  the  aggregate  expense  of  maintain- 
ing all  the  common  schools  of  said  districts  so  united  for  high 
school  purposes. 

SEO.  18. — Bond  issue. — When  authorized  by  a  two-thirds  ma- 
jority vote  of  all  qualified  voters  present  at  an  annual  or  special 
meeting  in  a  majority  of  the  school  districts  so  united,  or  if  there 
be  but  two  districts  so  united,  in  each,  said  trustees  may  issue 
and  negotiate  the  bonds  of  said  high  school  district  for  the  pur- 
pose of  raising  money  to  provide  for  the  erection  and  furnishing 
or  the  improvement  of  a  high  school  building.  The  bonds  so 
issued  shall  not  when  added  to  the  aggregate  of  the  bonded  in- 
debtedness of  the  several  school  districts  so  united  for  high 
school  purposes  exceed  ten  (10)  per  cent  of  the  aggregate  as- 
sessed valuation  of  the  said  several  school  districts  as  shown 
by  the  last  preceding  assessment. 

BBC.  19. — Same. — Said  bonds  shall  conform  to  and  their  pay- 
ment, cancellation,  refunding  and  the  application  of  the  proceeds 
thereof  shall  be  governed  by  and  as  provided  for  in  the  several 
provisions  of  sections  six  (6)  to  eleven  (11)  inclusive,  thirteen  (13), 
fifteem  (15)  to  eighteen  (18)  inclusive,  and  twenty  (20)  to  twenty- 
two  (22)  inclusive,  of  subdivision  fifteen  (15)  of  chapter  seventy- 
nine  (79)  of  the  Compiled  Statutes,  as  near  as  may  be. 
[DISTRIBUTION  OF  FUNDS.] 

SEO.  20.— Funds  heretofore  paid  into  county  treasury  for 
free  high  schools. — That  all  funds  which  have  heretofore  been 


Subdiv.  6.  HIGH  SCHOOL  DISTRICTS.  49 

paid  into  the  treasury  of  any  county  for  the  maintenance  of  free 
high  schools  for  non-resident  pupils,  shall  be  paid  to  the  school 
districts  of  such  county  which  have  maintained  free  high  schools 
for  non-resident  pupils,  proportionately  to  the  number  of  such 
non-resident  pupils  instructed  and  the  length  of  time  each  pupil 
received  such  free  instruction. 

Provided,  That  where  pupils  from  one  county  have  received 
such  free  instruction  in  a  school  located  in  another  county, 
the  district  furnishing  such  free  instruction  shall  share  in  the 
distribution  of  funds  herein  provided  .for,  in  the  same  propor- 
tion as  the  districts  of  the  county  making  such  distribution. 

EDUCATION  OF  PAUPER   CHILDREN. 

SEC.  21. — That  where  children  of  school  age  and  of  sound  mind 
shall  be  confined  in  any  poor  house  of  this  state  it  shall  be  the 
duty  of  the  county  board,  where  the  same  can  be  done,  to  make 
arrangements  with  the  officers  of  the  school  district  wherein 
said  poor  house  is  located,  or  with  some  school  district  adja- 
cent, to  have  the  children  so  chargeable  to  the  county  attend 
school  at  such  time  and  place,  and  to  have  and  receive  such  text- 
books and  instruction  as  shall  be  provided  for  other  children  at- 
tending in  said  school  district  or  districts. 

SBC.  22. — Tuition.— It  shall  be  the  duty  of  the  county  board, 
upon  the  report  of  the  officers  of  the  school  district  wherein 
arrangements  have  been  made  for  the  education  of  the  children 
confined  in  the  poor  house,  to  draw  a  warrant  on  the  general 
fund  of  the  county,  payable  to  the  treasurer  of  the  said  school 
district;  Provided,  however,  The  county  shall  not  be  liable  for 
more  than  its  proportionate  share  of  the  expenses  for  text- 
books, fuel,  and  teachers'  wages. 


50 


SCHOOL    LAWS    OP    NEBRASKA. 


Subdiv.  7. 


SUBDIVISION  VII.— COUNTY  SUPERINTENDENT. 


9.  Blanks  received  from  state  superin- 
tendent. 

10.  Examine  district  reports. 

11.  Subject  to   rules   of   state  superin- 

tendent. 

12.  Vacancy  filled  by  county  board. 

13.  Notice  of  delinquent  report. 

14.  Report  to  superintendents    of    asy- 

lums  for  the   blind    and   for  the 

deaf. 

(See  sec.  18,  subdivision  IV.) 


1.  Election  and  term  of  office. 

2.  Salary. 

3.  Teachers'   examination. 

4.  Endorsement  of  county  certificates. 
B.  Form   of  certificates    prescribed  by 

state  superintendent. 

6.  Definition  of  kinds   of  certificates. 

7.  Revocation  of,  certificate. 

8.  Visit  schools. 

80.  Examine  applicants  for  state  nor- 
mal. 
86.  Questions. 

SECTION  1 . — Election  term. — There  shall  be  a  county  superin- 
tendent in  each  organized  county,  whose  term  of  service  shall 
be  two  years,  and  who  shall  be  elected  at  the  same  time  and  in 
the  same  manner  as  other  county  officers.  It  shall  be  the  duty 
of  the  county  clerk  to  notify  the  state  superintendent  of  the 
election  of  the  county  superintendent  at  the  time  said  election 
is  ascertained. 

SEC.  2. — Salary. — The  county  commissioners,  or  a  majority  of 
them,  present  at  the  first  regular  session  of  each  year,  shall  de- 
termine the  compensation  to  be  paid  to  the  county  superintend- 
ent, but  such  compensation  shall  not  be  less  than  twelve  hundred 
dollars  per  annum  in  counties  having  a  school  population  of  four 
thousand  or  more;  and  not  less  than  one  thousand  dollars  per 
annum  in  counties  having  a  school  population  of  twenty-five 
hundred  and  less  than  four  thousand;  and  not  less  than  eight 
hundred  dollars  per  annum  in  counties  having  a  school  popula- 
tion of  fifteen  hundred  and  less  than  twenty-live  hundred ;  and  in 
counties  having  a  school  population  less  than  fifteen  hundred, 
a  per  diem  of  not  less  than  four  dollars  or  more  than  five  dollars 
for  each  day  actually  employed  in  the  duties  of  his  office,  but 
the  total  compensation  in  this  class  shall  not  exceed  eight  hun- 
dred (fSOO.OO)  dollars  per  annum.  The  number  of  days  neces- 
sary for  the  duties  of  his  office  shall  be  determined  by  the  county 
superintendent,  but  the  number  of  days  so  employed  shall  not 
be  less  than  two  times  the  number  of  districts  in  such  county,  and 
one  day  for  each  precinct  thereof  for  the  examination  of  teach- 

SEC.  1.  The  law  does  not  provide  for  a  deputy  county  superintendent,  and 
action  by  such  person  is  not  legal.  If  the  person  elected  county  superintendent 
cannot  act,  he  should  resign  and  allow  another  to  be  appointed.  The  powers 
and  duties  of  the  county  superintendent  of  public  instruction  are  derived  entirely 
from  the  statute.  He  can  exercise  only  such  powers  as  are  especially  granted 
or  incidentally  necessary  to  carry  the  same  into  effect.  Any  proceedings  on 
his  part  beyond  the  scope  of  his  authority,  or  where  he  has  no  jurisdiction,  are 
absolutely  void.  6  Neb.,  539. 

SEC.  2.  When  the  compensation  of  the  county  superintendent  has  been  fixed 
by  the  commissioners  as  provided  by  law.  it  remains  unchanged  until  altered 
by  the  same  board  at  the  time  prescribed  by  the  statute. 

In  effect  July  9,  1903. 


Subdiv.  7.  COUNTY  SUPERINTENDENT.  •        51 

ers.     The  superintendent  shall  file  in  the  office  of  the  county- 
clerk  a  sworn  statement  of  his  account. 

SEC.  3. — Teachers'  examination. — The  county  superintendent 
shall  examine  all  persons  offering  themselves  as  teachers  for 
tlie  public  schools,  and  shall  attend  at  the  county  seat  upon 
the  third  Saturday  in  each  month  in  the  year,  for  that  pur- 
pose; and  at  such  other  times  and  places  as  he*  may  select,  by 
giving  not  less  than  five  days'  notice  in  some  paper  published  in 
his  county;  or,  if  there  be  no  paper  published  in  such  county, 
then  he  shall  cause  to  be  posted  up  in  three  public  places  in  the 
precinct  where  such  examination  is  to  take  place,  not  less  than 
five  days  prior  to  such  examination,  a  notice  of  the  time  or 
[and]  place  thereof.  Any  certificate  granted  at  any  other  time 
or  place  than  those  specified  above  shall  be  null  and  void.  And 
any  county  superintendent  who  shall  violate  the  provisions  of 
this  section  shall,  upon  conviction  of  the  same,  be  fined  in  any 
sum  not  less  than  twenty-five  dollars. 

SEC.  4  —Endorsement  of  county  certificate.— The  county 
superintendent  may  endorse  a  certificate  in  force  in  any  other 
county  of  this  state,  or  of  any  other  state,  without  examination, 
and  said  endorsement  "shall  render  the  said  certificate  valid  in 
his  county  for  such  time  as  the  superintendent  may  determine, 
not  exceeding  two  years  from  the  date  of  said  endorsement,  but 
in  no  instance  for  a  longer  time  than  said  certificate  was 
originally  intended;  Provided,  That  the  superintendent  shall 
have  power  to  revoke  said  certificate  for  the  same  causes  and  in 
like  manner  as  those  granted  by  himself. 

SEO.  5.'— Form  of  certificate  prescribed  by  state  superin- 
tendent.— He  shall  at  his  discretion  grant  certificates,  in  such  form 
as  shall  be  prescribed  by  the  state  superintendent  of  public  in- 
struction, licensing  as  teachers  all  persons  whom  on  thorough 
and  full  examination  he  shall  deem  qualified  in  respect  to  pro- 
fessional interest,  good  moral  character,  learning  and  ability 
to  instruct  and  govern  a  school;  but  no  certificate  shall  be 
granted  to  any  person  who  shall  not  pass  a  satisfactory  ex- 
amination in  orthography,  reading,  penmanship,  geography, 
arithmetic,  physiology,  English  composition,  English  grammar 

SEC.  4.    Cited  19  Neb.,  496. 

SEC.  5.  Where  circumstances  render  it  desirable,  a  third  grade  certificate 
may  be  granted  foe  less  than  six  months,  but  not  for  more.  A  teacher  should 
have  a  valid  certificate  before  commencing-  a  school,  and  the  contract  made 
with  the  board  contains  the  plain  implication  that  he  will  keep  himself  tech- 
nically qualified  by  obtaining  a  new  certificate  before  the  old  one  expires.  The 
law  makes  no  provision  for  dating  back  a  certificate.  There  is  no  provision 
made  for  teaching  any  other  than  the  English  language  in  our  schools. 


52  SCHOOL    LAWS    OF    NEBRASKA.  SubdiY.  7. 

and  United  States  history;  Provided,  That  no  person  shall  be 
entitled  to  receive  more  than  two  (2)  third  grade  certificates; 
Provided,  further,  That  the  county  superintendent  may  refuse 
to  issue  a  certificate  to  any  teacher  who  fails  or  refuses  to  at- 
tend the  teachers'  institute. 

SEC.  6.— Grades  of  certificates.— There  shall  be  three  grades 
of  certificates  to  teachers  to  be  granted  by  the  county  superin- 
tendent, in  his  discretion,  to-wit:  The  certificate  of  the  third  grade 
shall  be  granted  to  persons  who  shall  have  passed  satisfactory 
examination  in  the  branches  specified  in  the  above  section,  which 
certificate  shall  license  the  holder  thereof  to  teach  in  some 
special  district  and  shall  not  continue  in  force  for  more  than 
six  months.  The  certificate  of  the  second  grade  may  be  granted 
to  any  person  of  approved  learning  and  character  who,  in  ad- 
dition to  the  branches  specified  in  the  above  section,  shall  pass 
a  satisfactory  examination  in  civil  government,  bookkeeping, 
the  elements  of  agriculture,  including  a  fair  knowledge  of  the 
structure  and  habits  of  the  common  plants,  insects,  birds  and 
quadrupeds,  blackboard  drawing,  and  theory  and  art  of  teach- 
ing, which  certificate  shall  be  valid  throughout  the  county  for 
one  year,  unless  sooner  revoked.  The  certificate  of  the  first 
grade  shall  be  granted  to  no  person  who  has  not  taught  at  least 
one  year,  with  approved  ability  and  success,  and  who  shall  not 
pass  a  satisfactory  examination  in  all  the  branches  required  to 
obtain  a  second  grade  certificate,  and  in  algebra,  geometry,  bot- 
any, and  natural  philosophy,  which  certificate  shall  be  valid 
throughout  the  county  in  and  for  which  it  was  granted  for  two 
years,  unless  sooner  revoked.  Provided,  That  the  part  of  this  sec- 
tion relating  to  the  elements  of  agriculture,  to-wit:  the  words 
"the  elements  of  agriculture,  including  a  fair  knowledge  of  the 
structure  and  habits  of  the  common  plants,  insects,  birds  and 
quadrupeds,"  shall  not  be  in  force  until  on  and  after  July  1st, 
1903. 

SEC.  7. — Revocation  of  certificate. — The  county  superintend- 
ent, or  any  authority  or  corporation  authorized  to  grant  certifi- 
cates to  teachers,  may  revoke  any  such  certificate  for  any 
reason  which  would  have  justified  the  withholding  thereof  when 
the  same  was  given,  as  for  gross  negligence  of  duty,  or  for  in- 
competency  or  immorality,  which  reasons  shall  not  be  spread  on 
the  records  unless  requested  by  the  teacher:  but  no  certificate 
shall  be  revoked  without  notice  by  the  superintendent,  and  an 
opportunity  to  explain  or  defend  his  conduct,  if  he  desires  such 
opportunity.  No  certificate  shall  be  revoked  except  by  the  au- 


Subdiv.   7.  COUNTY  SUPERINTENDENT.  53 

tliority  granting  it,  but  the  county  superintendent  shall  report  to 
the  authority  granting  said  certificate  the  fact  that  it  should 
be  revoked,  giving  his  reasons  therefor.  The  superintendent 
shall  keep  a  record  of  all  certificates  granted  and  annulled  by 
him,  with  the  grade,  date,  and  duration  of  each,  and  shall  de- 
liver such  record,  with  all  other  books  and  papers  belonging  to 
his  office,  to  his  successor. 

SEC.  8. — Visit  schools. — It  shall  be  the  duty  of  the  county 
superintendent  to  visit  each  of  the  schools  of  his  county  at  least 
once  in  each  year;  to  examine  carefully  into  the  discipline  and 
modes  of  instruction,  and  into  the  progress  and  proficiency  of 
the  pupils,  and  to  make  a  record  of  the  same,  and  to  counsel 
with  the  teachers  and  district  boards  as  to  the  course  of  study 
to  be  pursued,  and  for  the  improvement  of  the  instruction  and 
discipline  of  the  school;  to  note  the  condition  of  the  schoolhouse 
and  appurtenances  thereto,  and  to  suggest  place  for  new  school- 
houses  to  be  erected,  and  for  warming  and  ventilating  the  same, 
and  the  general  improvement  of  t-he  schoolhouse  and  grounds; 
to  promote  by  public  lectures  and  teachers'  institutes,  and  by 
such  other  means  as  he  may  devise  for  the  improvement  of  the 
schools  in  his  county,  and  the  elevation  of  the  character  and 
qualifications  of  the  teachers  thereof;  to  consult  with  the  teach- 
ers and  school  boards  to  secure  general  and  regular  attendance 
of  the  children  of  his  county  upon  the  public  schools. 

SEO.  8a. — Examination  of  applicants  for  admission  to 
State  Normal. — The  county  superintendent  shall  at  the  time  of 
his  regular  examination  for  the  licensing  of  teachers  on  the  third 
Saturday  of  April  and  on  the  third  Saturday  of  July  of  each 
year  and  on  such  other  day  or  days  in  said  months  as  he  may 
appoint,  conduct  an  examination  of  applicants  for  admission  to 
the  state  normal  school  located  at  Peru,  Nebraska,  or  other 
normal  schools  that  may  be  established. 

SEC.  8b. — Questions,  by  whom  prepared. — The  lists  of  ques- 
tions used  in  such  examinations  of  applicants  for  admission  to 
the  state  normal  school  shall  be  prepared  by  the  state  superin- 
tendent of  public  instruction  and  the  faculty  of  the  said  state 
normal  school,  transmitted  under  seal  to  the  several  county  super- 
intendents, who  shall  place  them  before  the  applicants  under  the 
same  conditions  as  to  time  and  supervision  as  in  the  examina- 
tion of  teachers  for  license  to  teach.  At  the  close  of  such  ex- 
aminations the  county  superintendent  shall  collect  the  papers 
prepared  by  the  applicants  and  shall  transmit  them  under  seal 


54  SCHOOL   LAWS    OP    NEBRASKA.  Subdiv.  7. 

to  the  state  superintendent  of  public  instruction,  with  a  certified 
list  of  the  applicants  preparing  suoh  papers.  All  necessary  ex- 
penses connected  with  the  conduct  of  the  examinations  and  the 
transmission  of  the  papers  shall  be  paid  by  the  said  state  normal 
school  or  other  normal  schools  that  may  be  established. 

SEO.  9. — Blanks  and  communications  received  from  state 
superintendent. — It  shall  be  the  duty  of  the  county  superintend- 
ent to  receive  all  such  blanks  and  communications  as  may  be 
directed  to  him  by  the  state  superintendent  of  public  instruc- 
tion, and  to  dispose  of  the  same  in  the  manner  directed  by  the 
state  superintendent. 

SEC.  10. — Examine  district  reports. — The  county  superin- 
tendent shall  examine  into  the  correctness  of  the  reports  of  the 
district  boards,  and  may,  when  necessary,  require  the  same  to 
be  amended,  and  shall  indorse  his  approval  on  such  as  he  shall 
find  correct,  and  transmit  duplicates  thereof,  together  with  such 
other  information  as  may  be  required  of  him,  to  the  state 
superintendent  of  public  instruction,  when  required  by  said  state 
superintendent. 

SEC.  11.— County  superintendent  subject  to  rules  and 
instructions  of  state  superintendent — Report  of  county 
superintendent. — The  county  superintendents  shall  be  subjected 
to  such  rules  and  instructions  as  the  state  superintendent  of 
public  instruction  may  from  time  to  time  prescribe;  and  they 
shall  report  annually  to  the  superintendent  of  public  instruction, 
at  such  times  as  he  may  direct,  of  the  official  labors  performed, 
and  of  the  general  condition  and  management  of  the  schools 
under  their  charge,  and  such  other  information  as  may  be  re- 
quired of  them  by  said  superintendent. 

SEC.  12. — Vacancy  in  office,  how  filled.— Whenever,  by 
death,  resignation,  or  removal,  or  otherwise,  the  office  of  super- 
intendent shall  become  vacant,  the  county  board  shall  have 
power  to  fill  such  vacancy. 

SEC.  13. — Notice,  report  due. — Should  any  district  neglect  to 
send  in  the  reports  required  by  section  2,  subdivision  8  of  this 
chapter,  by  the  first  Monday  in  July,  it  shall  be  the  duty  of  the 
county  superintendent  to  notify  the  officers  of  such  district  that 
the  report  is  due,  and  should  be  sent  at  once. 

SEC.  14. — Report  to  superintendents  of  blind  and  deaf.— 
The  county  super intendeni,  shall  report  on  or  before  the  first 

SEC.  33.    In  effect  July  9,  1903. 
SEC.  14.    Cited  43  Neb.,  184. 


Stlbdiv.  8.  STATE  SUPERINTENDENT.  55 

Tuesday  in  September  of  each  year,  to  the  superintendent  of 
the  blind  asylum,  the  name,  age,  residence,  and  post-office  ad- 
dress of  every  person  blind  to  such  an  extent  as  to  be  unable  to 
acquire  an  education  in  the  common  schools,  and  who  resides 
in  the  county  in  which  he  is  superintendent,  and  also  to  the 
superintendent  of  the  Nebraska  institute  for  the  deaf  and  dumb, 
the  name,  age,  and  post-office  address  of  every  deaf  and  dumb 
person  between  the  ages  of  five  and  twenty-one  years,  who  re- 
sides within  his  county,  including  all  such  persons  as  may  be 
deaf  to  such  an  extent  as  to  be  unable  to  acquire  an  education 
in  the  common  schools.  [See  chapters  22  and  42,  Compiled 
Statutes.]  

SUBDIVISION  VIII.— STATE  SUPERINTENDENT. 


1.  Office. 

2.  Normal  Institutes. 

3.  Visit  schools. 

4.  Decide  disputes  in  law. 

5.  Forms  for  reports. 


7.  Report  annually  to  the  governor. 

8.  Cause  report  to  be  printed. 
80.  Deputy. 

8b.  Salary. 

9.  Apportionment  of  state  funds. 


6.  Print  school  laws. 

SECTION  1. — Office. — The  superintendent  of  public  instruction 
shall  keep  an  office,  which  shall  be  furnished  for  him  at  the  seat 
of  government  of  the  state,  and  he  shall  keep  all  books  and 
papers  pertaining  to  his  office  therein,  subject  at  all  times  to  the 
examination  of  the  governor  or  auditor  of  state,  or  a  committee 
from  either  branch  of  the  legislative  assembly. 

SEC.  2. — Normal  institutes. — He  shall  organize  teachers'  nor- 
mal institutes  at  such  times  and  places  as  he  shall  deem  practi- 
cable. He  shall,  as  far  as  practicable,  attend  said  institutes 
and  provide  proper  instructors  for  the  same,  and  in  other  ways 
seek  to  improve  the  efficiency  of  teachers,  and  advance  the  cause 
of  education  in  the  state. 

SEC.  3. — Visit  schools. — He  shall  visit  such  schools  as  he  may 
have  it  in  his  power  to  do,  and  witness  and  advise  with  teachers 
and  school  officers  upon  the  manner  in  which  they  are  con- 
ducted. 

SEC.  4. — Decide  disputed  points. — He  shall  decide  disputed 
points  in  school  law,  and  all  such  decisions  shall  be  held  to  have 
the  force  of  law  till  reversed  by  the  courts. 

SEC.  5. — Forms  for  reports. — He  shall  prescribe  forms  for 
making  all  reports  and  regulations  for  all  proceedings  under  the 
general  school  laws  of  the  state. 

SEC.  6. — School  laws.— He  shall  cause  to  be  printed,  in  pam- 
phlet form,  the  school  laws  and  laws  relating  to  the  school  lands, 


B6  SCHOOL    LAWS    OF    NEBRASKA.  Subdiv.  8. 

i, 

with  blank  forms  prescribed  by  him,  and  furnish  each  county 
superintendent  with  a  sufficient  number  to  supply  the  district 
officers  within  his  jurisdiction. 

SEC.  7. — Report  annually  to  the  governor. — He  shall  annu- 
ally, on  the  first  day  of  January,  submit  to  the  governor  of  the 
state  a  full  report  of  the  operations  of  his  office  during  the  year, 
which  report  shall  contain  a  statement  of  the  school  funds  of  the 
state,  and  an  account  of  the  receipts  and  expenditures  for  the 
purpose  of  schools,  a  statement  of  the  condition  of  the  common 
schools  and  other  educational  institutions  chartered  or  fostered 
by  the  state,  embracing  the  number  of  schools  of  the  several 
grades,  the  number  and  average  compensation  of  the  teachers, 
the  names  and  compensations  of  county  superintendents,  the 
number  of  pupils  attending  the  several  schools,  the  enumeration 
of  youth  by  counties,  the  value  of  schoolhouses,  sites,  apparatus, 
and  furniture;  a  statement  of  such  plans  a®  he  may  devise  for  the 
better  management  of  the  school  funds,  and  the  school  system, 
and  such  other  statements  as  he  may  deem  expedient  to  com- 
municate relating  to  his  office  and  popular  education. 

SEC.  8. — Report  to  be  printed. — He  shall  cause  his  report  to 
be  printed  by  the  state  printing  board,  and  shall  deliver  at  the 
commencement  of  each  regular  session  of  the  legislature  fifty 
copies  thereof  to  the  senate,  and  one  hundred  fifty  copies  to  the 
house  of  representatives,  and  shall  transmit  one  copy  to  each 
county  and  city  superintendent  of  schools  in  the  state,  and  one 
to  each  state  superintendent  of  public  instruction  of  other  states. 

SEC.  8a. — Deputy. — The  superintendent  of  public  instruction 
of  the  state  of  Nebraska  shall  have  power  to  appoint  a  deputy 
superintendent  of  public  instruction,  and  the  said  deputy  may 
do  and  perform,  in  the  absence  or  inability  of  the  superintendent 
of  public  instruction,  all  the  acts  and  duties  that  may  be  author- 
ized and  required  to  be  performed  by  the  superintendent  of  pub- 
lic instruction;  and  the  superintendent  shall  be  responsible  for 
all  the  official  acts  of  his  deputy. 

SEC.  8b.— Salary. — Said  deputy  shall  receive  a  salary  of  fifteen 
hundred  ($1,500)  dollars  per  annum,  to  be  paid  by  warrant  of 
the  auditor  of  public  accounts  on  the  treasurer,  said  warrant  to 
be  drawn  monthly. 

SEC.  9.— Apportionment  of  school  funds.  —He  shall,  semi- 
annually,  on  or  before  the  third  Monday  in  June  and  the  last 
Monday  in  December,  make  an  apportionment  of  the  funds  which 
are  in  the  treasury  and  which  are  applicable  to  the  support  of 

SEC.  8a.    25  Neb.,  662, 


Subdiv.  9.  THE  TEACHER.  57 

schools,  which  apportionment  shall  be  based  upon  the  enumera- 
tion of  youth  reported  to  the  state  superintendent  by  the  county 
superintendents. 


SUBDIVISION  IX.— THE  TEACHER. 


5.  Branches  required  for  professional 

certificate. 
5a.  Scientific  temperance  instruction. 

6.  Examination  in  same. 

7.  College  and  normal  graduates. 

8.  Same. 

9.  Same— Defined. 
10.  Extent  of  act. 


1.  Qualifications  of  teacher. 

la.  Graduates  University  of  Nebraska, 

etc. 
1&.  Same— Confirmation   of  certificates. 

2.  Monthly  report. 

3.  Length  of  month. 

4.  Professional  certificate. 

4.  Proviso,  lapse  of  certificate. 
4.  Proviso    2d,    certificate   without   ex- 
amination. 

SECTION  1  .—Qualifications  of  teacher.— No  person  shall  be 
accounted  a  qualified  teacher,  within  the  meaning  of  the  school 
low,  who  has  not  a  certificate  in  force  from  a  county  superin- 
tendent, or  one  as  provided  for  in  subdivision  XIV.,  section  19, 
of  this- chapter  (subdivision  XIV.,  Schools  in  Cities),  or  a  certifi- 
cate or  diploma  from  a  state  normal  school  of  Nebraska,  a  cer- 
tificate from  the  state  superintendent  of  public  instruction,  or  a 
diploma  from  a  state  normal  school  of  another  state,  approved 
by  the  state  superintendent  of  this  state;  but  such  approval 
shall  not  be  given  until  the  holder  of  said  diploma  presents 
proof  of  successful  teaching  for  one  year  in  Nebraska,  and  pre- 
sents a  first  grade  county  certificate  given  in  this  state. 

SEC.  la.— Graduates  University  of  Nebraska  or  other  in- 
corporated schools  of  this  state. — That  all  graduates  of  the 
University  of  Nebraska  holding  the  degree  of  bachelor  of  arts  or 
bachelor  of  science,  and  in  addition  thereto,  certificates  author- 
ized by  the  board  of  regents  showing  that  such  graduates  have 
completed  the  course  of  instruction  prescribed  by  the  regents 
and  faculty  of  said  university  for  the  special  training  and  in- 
struction of  teachers,  and  such  other  graduates  as  hold  the  same 
degrees  from  any  college  or  university  duly  incorporated  under 
the  laws  of  the  state  of  Nebraska,  who,  in  the  judgment  of  the 
state  superintendent  of  public  instruction,  have  completed  in 
their  respective  institutions  an  equivalent  of  the  courses  in  the 
state  university,  for  said  degrees  prescribed  by  the  regents  and 
faculty  of  said  university,  shall  be  accredited  as  qualified  teach- 
ers within  the  meaning  of  the  school  law  of  this  state;  and  all 

SEC.  1.  Teacher  may  be  discharged  for  incompetency  or  other  sufficient 
cause  at  will  of  majority  of  board.  6  Neb.,  173.  Teacher  employed  for  nine 
months,  working  eight,  not  teaching  the  nine  through  neglect  of  officers  of  dis- 
trict, held,  entitled  to  pay  for  that  month.  13  Neb.,  54.  Cited  19  Id.,  496. 


58  SCHOOL  LAWS  OP  NEBRASKA.         Subdiv.  d. 

such  graduates  shall  have  equal  privileges,  upon  equal  condi- 
tions, with  graduates  from  any  and  all  other  educational  institu- 
tions within  this  state  under  the  school  law  thereof.  Said  certifi- 
cates are  hereby  declared  to  be  valid  as  certificates  of  the  first 
grade  to  teach  in  the  public  schools  of  the  state  of  Nebraska  for 
a  period  of  three  years  from  their  date. 

SEC.  lb.— Same— Confirmation  of  certificates— After  three 
years  of  actual  teaching,  the  certificates  of  the  graduates  of  the 
University  of  Nebraska  or  of  any  other  college  or  university  men- 
tioned or  described  in  section  la  of  this  act  shall  be  counter- 
signed by  the  state  superintendent  of  public  instruction  upon 
satisfactory  evidence  that  the  services  of  the  applicant  have 
been  successful;  Provided,  That  said  counter-signature  may  be 
cancelled  and  its  legal  effect  annulled  by  the  superintendent  of 
public  instruction  upon  satisfactory  evidence  of  disqualification; 
Provided,  further,  That  such  certificates  shall  be  subject  to  the 
provisions  for  lapsing  set  forth  in  section  4,  subdivision  9  of 
chapter  79  of  the  Compiled  Statutes  of  Nebraska  for  the  year 
1899. 

SEC.  2. — Report  monthly. — Every  teacher  shall  make  a  monthly 
return  to  the  director  of  the  district  of  the  number  of  pupils 
attending  his  or  her  school,  the  names  and  ages  of  each,  the 
days  attending,  the  studies  pursued,  and  no  teacher  will  be  en- 
titled to  receive  pay  in  full  for  a  term's  service  till  the  term  sum- 
mary is  properly  filled  out  and  approved  by  the  director. 

SEC.  3. — Length  of  month.— In  the  absence  of  any  agreement 
between  the  director  and  teacher  to  the  contrary,  twenty  days 
shall  constitute  a  school  month. 

SEC.  4.— Professional  certificates. — Permanent  teachers  of 
high  character  and  broad  scholarship,  and  who  have  a  success- 
ful experience,  may,  upon  examination  by  the  state  superintend- 
ent, or  by  a  committee  of  three  competent  teachers  appointed 
by  him,  receive  a  professional  state  certificate,  which  shall 
authorize  the  holder  to  teach  in  any  public  school  in  the  state, 
without  further  examination ; 

Lapse  of  certificate.— Provided,  That  no  life  certificate  shall 
be  in  force  after  its  holder  shall  permit  a  space  of  three  years 

SEC.  2.  The  teacher's  register  should  be  approved  by  the  director  at  the  close 
of  each  month;  and  an  order  for  the  pay  of  the  teacher  should  not  be  drawn 
until  the  register  has  been  submitted  to  and  approved  by  the  director.  A  dupli- 
cate of  the  classification  record  and  term  summary  should  be  forwarded  to  the 
county  superintendent  at  the  close  of  each  term. 

A  teacher  who  fails  or  neglects  to  make  out  a  report  ought  not  to  be  allowed 
to  teach,  and  should  have  his  certificate  revoked. 


.  9.  THB   TEACHER.  59 

to  lapse  without  following  some  educational  pursuit,  unless 
said  certificate  be  endorsed  by  the  acting  state  superintendent; 

Certificate  without  examination. — Provided  further,  That 
graduates  of  colleges  and  universities  of  good  standing,  who 
have  received  a  certificate  of  the  first  grade  in  this  state,  and 
who  shall  have  taught  in  any  high  school  in  the  state  with 
ability  and  success  for  at  least  three  years,  shall  be  entitled  to 
a  professional  certificate  without  further  examination. 

SEC.  5.  —Branches. — The  branches  required  for  a  professional 
state  certificate  shall  be  the  following,  to-wit :  Written  arithme- 
tic, United  States  history,  reading  and  elocution,  English  gram- 
mar, common  and  physical  geography,  with  map  drawings,  physi- 
ology, algebra,  natural  philosophy,  chemistry,  composition  and 
rhetoric,  bookkeeping,  plane  geometry,  plane  trigonometry, 
geology,  zoology,  botany,  English  Kterature,  general  history,  in- 
tellectual philosophy,  civil  government  and  school  laws,  and  the 
theory  and  art  of  teaching. 

SEC.  6a. — Scientific  temperance  instruction. — Provisions 
shall  be  made  by  the  proper  local  school  authorities  for  in- 
structing the  pupils  in  all  schools  supported  by  public  money, 
or  under  state  control,  in  physiology  and  hygiene,  with  special 
reference  to  the  effects  of  alcoholic  drinks  and  other  stimulants 
and  narcotics,  upon  the  human  system. 

SEC.  5b. — Examination. — No  certificate  shall  be  granted  to  any 
person  to  teach  in  the  public  schools  of  the  state  of  Nebraska 
after  the  first  day  of  January,  eighteen  hundred  and  eighty-six, 
who  has  not  passed  a  satisfactory  examination  in  physiology 
and  hygiene,  with  special  reference  to  the  effects  of  alcoholic 
drinks  and  other  stimulants  and  narcotics  upon  the  human 
system. 

SEC.  6.— College  and  normal  graduates.— When  any  college, 
university,  or  normal  school  shall  have  a  course  of  study  equal 
in  extent  and  similar  in  subjects  to  the  elementary  course  of  the 
state  normal  school,  and  shall  have  full  and  ample  equipment 
and  a  faculty  of  instructors  fully  competent  to  give  satisfactory 
instruction  in  the  branches  contained  in  said  course,  any  gradu- 
ate from  such  course  shall  be  granted  by  the  state  superintend- 
ent a  state  certificate  of  the  same  tenor  and  effect  as  the  certifi- 
cate to  teach  issued  to  the  graduates  from  the  elementary  course 
of  the  state  normal  school. 

SFC.  7.— Same.— When  any  college,  university,  or  normal  school 
in  this  state  shall  have  a  course  of  study  equal  in  extent  and 


60  SCHOOL  LAWS  OF  NEBRASKA.        Subdiv.  10. 

similar  in  subjects  to  the  higher  course  in  the  state  normal 
school  and  shall  have  full  and  ample  equipment  and  a  faculty 
of  instructors  fully  competent  to  give  satisfactory  instruction 
in  the  branches  contained  in  said  course,  the  graduates  from 
such  course  shall  be  granted  by  the  state  superintendent  a  state 
certificate  of  the  same  tenor  and  effect  as  the  certificate  to  teach 
issued  to  the  graduates  from  the  higher  courses  of  the  state 
normal  school. 

SEC.  8. — Same  defined. — The  determination  of  the  question  as 
to  what  institutions  .are  entitled  to  tLe  privileges  mt  forth  in 
this  act  shall  be  in  the  hands  of  the  state  superintendent.  Pro- 
vided that  no  educational  institutions  shall  be  entitled  to  the 
privileges  conferred  by  sections  G  and  7  of  this  subdivision  unless 
the  following  requirements  have  been  fulfilled: 

First — Such  institution  shall  be  incorporated  under  the  laws 
of  the  state  of  Nebraska. 

Second — Said  incorporation  shall  have  at  least  fifty  thousand 
dollars  invested,  or  available  for  use  in  the  school. 

Third— Said  incorporation  shall  employ  not  fewer  than  five 
teachers  who  shall  put  in  full  time  in  giving  instruction  in  the 
branches  of  study  required  to  be  taught  by  the  provisions  of  this 
subdivision. 

Fourth — The  state  superintendent  shall  by  personal  inspection 
satisfy  himself  that  any  institution  desiring  recognition  under 
this  law  has  fully  complied  with  the  requirements  set  forth  in 
this  act. 

SEC.  9.— Extent  of  act.— The  provisions  of  this  bill  shall  not 
apply  to  graduates  of  any  school  approved  by  the  state  superin- 
tendent who  were  graduated  prior  to  the  passage  of  this  act. 


SUBDIVISION  X.— TEACHERS'  INSTITUTES. 


1.  Kinds  of  institute. 

2   Duty  to  attend  Institute. 

3.  Institute  fund. 

4.  Same. 


5.  Disbursement  of  fund. 

6.  Notice  of  institute. 

7.  May  revoke  certificate. 


SECTION  1. — Kinds  of  institutes. — For  the  purpose  of  allowing 
teachers  an  opportunity  to  improve  themselves  in  the  art  of 
teaching  and  to  promote  uniform  methods  of  instruction  in  the 
public  schools  of  the  state,  county  teachers'  institutes  shall  be 
organized  and  conducted  annually  by  the  county  superintend- 
ents; Provided,  That  two  or  more  county  superintendents  with 
the  approval  of  and  in  conjunction  with  the  state  superin- 


Sutodiv.  10.  TEACHERS'  INSTITUTES.  61 

tendent  of  public  instruction  may  organize  and  conduct  joint 
institutes  at  such  time  and  place  and  for  such  length  of  term  as 
they  may  deem  practicable  in  lieu  of  the  county  institute. 

SEC.  2.— Duty  to  attend  institutes. — It  shall  be  the  duty  of 
county  superintendents  and  teachers  to  attend  the  institute  of 
their  county,  or  district  in  c9se  of  joint  institutes,  at  least  one 
week  for  the  purpose  of  comparing  notes,  planning  and  outlin- 
ing the  work  of  the  current  or  coming  school  year  and  to  study 
methods  of  school  work  and  the  science  and  art  of  teaching. 

SEC.  3. — Institute  fund. — For  the  purpose  of  defraying  the  ex- 
pense of  these  institutes  there  is  hereby  appropriated  the  entire 
institute  funds  of  the  county  or  counties  for  which  the  institute 
is  organized  and  conducted,  or  so  much  of  said  fund  as  may  be 
necessary;  Provided,  That  in  the  case  of  joint  institutes  the  ex- 
pense shall  be  borne  by  the  institute  fund  of  the  counties  repre- 
sented pro  rata  according  to  the  number  of  teachers  in  attend- 
ance from  each  county. 

SEC.  4.— Same. — To  form  a  fund  to  defray  the  expense  of  insti- 
tutes, each  teacher  examined  for  a  certificate,  or  who  has  a 
certificate  renewed  or  endorsed,  or  who  has  a  certificate  or 
diploma  registered  by  the  county  superintendent,  shall  pay  the 
sum  of  one  dollar  to  the  county  superintendent;  and  at  the  time 
of  the  institute  each  person  in  attendance  may  be  required  to 
pay  an  additional  sum  not  to  exceed  one  dollar  per  week  as  an 
institute  enrollment  fee;  to  which  sum  thus  raised  the  county 
commissioners  shall  add  each  year  the  sum  of  twenty-five  dol- 
lars from  the  general  fund  of  the  county,  and  if  they  deem  it 
desirable  they  may  increase  the  amount  to  any  sum  not  to  exceed 
one  hundred  dollars.  The  county  superintendent  shall  make  a 
semi-annual  statement  under  oath  to  the  county  commissioners 
of  all  moneys  received  by  him  for  the  institute  fund  and  of  all 
moneys  disbursed  by  him  from  said  fund. 

SEC.  5. — Disbursement  of  fund. — All  disbursements  from  the 
institute  fund  shall  be  upon  the  order  of  the  county  superin- 
tendent and  upon  bills  approved  by  him,  which  bills  shall  be 
filed  in  his  office. 

SEC.  6. — Notice  of  institute. — The  county  superintendent  shall 
notify  all  teachers,  and  the  board  of  all  school  districts  in  his 
county  of  the  time  when  the  institute  will  begin  and  all  com- 
mon schools  shall  be  closed  during  the  continuance  of  the  in- 
stitute. 


SCHOOL   LAWS   OF   NEBRASKA. 


Subdiv.  11. 


SEC.  7. — May  revoke  certificate  for  non-attendance  at  in- 
stitute.— The  county  superintendent  may  at  his  discretion  revoke 
the  certificate  of  or  refuse  to  grant  a  certificate  to  any  teacher 
who  fails  or  refuses  to  attend  the  county  or  joint  institute. 
Should  graduates  from  the  elementary  course  of  the  state  normal 
school  refuse  to  attend  such  institute  it  shall  be  the  duty  of  the, 
.county  superintendent  to  report  said  refusal  to  the  principal 
of  the  normal  school  who  shall  revoke  the  certificate  of  said 
normal  graduate;  Provided,  That  the  county  superintendent 
may  excuse  experienced  teachers  from  such  attendance  when 
application  is  made  before  the  opening  of  the  institute  and  satis- 
factory reasons  for  absence  are  given  in  writing  by  such 
teachers. 


SUBDIVISION  XL— SCHOOL  FUNDS. 


1.  Common  school  fund. 

2.  Collection  of. 

3.  Apportionment  to  counties. 

4.  Apportionment  to  districts. 

5.  Apportionment  to  new  district. 

6.  Fractional  districts. 

7.  Record  of  apportionment. 

8.  No  fees  for  receiving  or  paying. 

9.  Misuse  of  funds. 

10.  Certificate   of  financial   and  census 

reports. 

11.  Interest  on  warrants. 

12.  Warrants,  when  payable. 

13.  Warrant  register. 


14.  Endorsement     of     warrants     when 

presented. 

15.  Separate  -package  for  each  warrant 

— notice; 

16.  Receipts  by  city  treasurer. 

17.  Treasurer's  duties. 

18.  Failure  to  keep  books— penalty. 

19.  Inspection  of  books. 

20.  Failure  to  notify— penalty. 

21.  Failure  to  register  or  pay. 

22.  Duplicate  for  lost  warrant. 

23.  Investment  of  sinking  fund. 

24.  Same. 

25.  Same— cities. 

26.  Same— school  districts. 


SECTION  1 . — Common  school  fund. — For  the  purpose  of  afford- 
ing the  advantages  of  free  education  to  all  the  youth  of  this 
state,  the  state  common  school  fund,  in  addition  to  the  funds 
derived  from  the  sale  of  school  lands  and  interest  thereon,  and 
fines  and  forfeitures,  as  provided  by  statutes  and  the  constitu- 
tion, shall  be  further  increased  by  annual  levy  and  assessment 
of  not  to  exceed  1J  mills  upon  the  dollar  valuation  on  the  grand 
list  of  the  taxable  property  of  the  state;  and  the  amount  so 
levied  and  assessed  shall  be  collected  in  the  same  manner  as 
other  state  taxes,  and  when  collected,  shall  be  semi-annually  dis- 
tributed to  the  several  counties  of  this  state,  in  proportion  to 
the  enumeration  of  scholars,  and  be  applied  exclusively  to  the 
payment  of  teachers'  wages. 

SEP.  2. — County  treasurer  collect  fines,  etc. — The  county 

SEC.  7.  A  county  superintendent  should  not  revoke  a  teacher's  certificate  on 
a  partial  hearing,  but  should  act  in  such  matters  only  after  a  full  hearipg  of 
the  evidence  for  and  against  such  revocation. 

SEC.  1.  See  section  75,  chapter  77,  Compiled  Statutes.  Cited  5  Neb.,  102,  303. 
14  Id.,  477.  Occupation  tax.  17  Neb.,  219.  19  Id.,  191.  27  Id.,  64. 

SBC.  2.    Cited  5  Neb,,  809.    9  Id.,  352,  403.    40  Id.,  298. 


Subdiv.  11.  SCHOOL  FUNDS.  63 

treasurer  shall  collect,  or  cause  to  be  collected,  the  fines  and  all 
moneys  for  school  purposes  in  his  county,  and  take  all  proper 
measures  to  secure  to  each  district  its  full  amount  of  school 
fund®,  and  all  county  treasurers  shall  report  to  the  state  treas- 
urer and  state  auditor  semi-annually,  on  or  before  the  third 
Monday  of  April  and  the  first  Monday  of  November,  and  at  such 
other  times  as  the  auditor  may  require,  a  statement  showing  the 
whole  amount  of  moneys  collected  on  account  of  state,  county, 
and  district  school  tax,  and  from  all  other  sources  respectively, 
noting  the  interest  separately,  and  the  amount  received  on  ac- 
count of  licenses  and  fines,  and  from  all  other  sources  from 
which  school  funds  are  derived,  together  with  a  statement  show- 
ing the  amount  paid  out,  to  whom,  and  on  what  account,  and 
at  the  same  time  the  county  treasurer  shall  pay  over  to  the  state 
treasurer  all  funds  and  moneys,  from  whatever  source  derived, 
belonging  to  the  general  school  fund  in  his  hands  and  make  a 
settlement  thereof  with  the  state  treasurer. 

SEC.  3. — State  treasurer  make  exhibit  of  school  moneys. 
— The  state  treasurer  shall,  semi-annually,  on  or  before  the  third 
Monday  in  May  and  the  first  Monday  in  December,  make  a  com- 
plete exhibit  of  all  moneys  belonging  to  the  school  fund  of  this 
state,  as  returned  to  him  from  the  several  counties,  together  with 
the  amount  derived  from  other  sources,  and  deliver  the  same 
duly  certified  to  the  state  superintendent;  and  within  twenty 
days  thereafter  the  state  superintendent  shall  make  the  appor- 
tionment of  said  funds  to  such  counties  according  to  the  pro  rata 
enumeration  of  scholars  in  each  county  last  returned  from  the 
county  superintendent,  and  certify  the  apportionment  of  each  to 
the  county  superintendent  of  the  proper  county  and  to  the  state 
auditor,  who  shall  draw  a  warrant  on  the  state  treasurer  in  favor 
of  the  various  counties  for  the  amount  so  specified  by  the  state 
superintendent. 

SECS.  3  and  4.  The  enumeration  of  pupils,  on  which  this  apportionment  Is 
based,  must  be  made  within  ten  days  preceding  the  last  Monday  in  June.  See 
section  12,  subdivision  4.  The  constitution  of  1875  (article  VIII,  section  7)  pro- 
vides that  "no  apportionment  shall  be  made  from  said  fund  to  any  district  for 
the  year  in  which  school  is  not  maintained  at  least  three  months."  Where  the 
new  district  is  formed  in  whole  or  in  part  from  unorganized  territory  which 
could  have  no  school  the  year  before,  such  a  district  must  have  at  least  three 
months'  school  previous  to  the  time  of  taking  annual  census  of  children  and 
report  the  same  to  the  county  superintendent  before  it  can  draw  state  funds. 
Money  cannot  be  apportioned  to  counties  unless  the  county  superintendent 
makes  a  report. 

In  order  that  a  district  be  entitled  to  share  in  the  apportionments  made  In 
December  and  June  of  each  school  year,  the  following  conditions  are  necessary! 
The  amount  of  school  specified  in  section  14,  of  subdivision  2,  must  have  been 
taught  in  the  district  in  the  school  year  which  ended  with  the  second  Monday 
of  the  preceding  July;  the  census  must  have  been  made  at  the  proper  time;  and 
the  proper  reports  must  have  been  made  to  the  county  superintendent.  See 
sections  12  and  17,  of  subdivision  4,  and  section  10t  of  subdivision  U. 


64  SCHOOL   LAWS   OF   NEBRASKA.  Subdiv.  11. 

SBO.  4.— Apportionment  of  funds  to  districts.— The  several 
county  superintendents  shall  immediately,  and  within  twenty 
days  after  receiving  such  apportionment,  and  after  adding 
thereto  all  moneys  received  by  the  county  treasurer  on  account 
of  fines  and  licenses,  apportion  the  entire  amount  as  follows, 
to- wit:  One-fourth  of  the  whole  amount  to  be  distributed  equally 
to  the  several  districts  in  the  county,  and  the  remaining  three- 
fourths  of  the  whole  to  be  distributed  to  the  several  districts  in 
his  county  pro  rata,  according  to  the  enumeration  of  scholars 
last  returned  by  the  directors  of  the  various  districts,  and  no 
district,  city,  or  village  which  shall  have  failed  to  eustain  a 
school  for  the  length  of  time  required  by  section  14,  subdivision 
II.,  of  this  chapter,  shall  be  entitled  to  receive  any  portion  of 
the  fund. 

SEC.  5. — New  districts. — When  a  district  is  formed  from  other 
districts  where  during  the  preceding  school  year  school  had  been 
kept  open  the  term  required  by  law,  such  new  district  will  be 
held  and  deemed  to  have  had  school  the  lawful  time,  and  appor- 
tionment shall  be  made  to  it  accordingly. 

SEC.  6. — Fractional  districts. — In  making  the  " one-fourth" 
apportionment  each  fractional  district  shall  receive  one-half  as 
much  as  a  full  district. 

SEC.  7. — Record  of  apportionment. — The  county  superintend- 
ent shall,  immediately  after  making  such  apportionment,  enter 
the  s<ame  in  a  book  kept  for  that  purpose,  and  shall  furnish  the 
county  treasurer  with  a  certified  copy  of  such  apportionment, 
and  each  of  the  directors  in  the  respective  districts  in  his 
county  a  certificate,  showing  the  amount  due  such  district,  which 
amount  shall  be  subject  to  the  order  of  the  director  on  the 
county  treasurer  when  properly  countersigned  by  the  moderator. 

SEC.  8.— No  fees  for  receiving  or  paying.— County  treasurers 
are  not  allowed  to  charge  a  per  cent  for  receiving  and  disburs- 
ing the  state  school  appropriation. 

SEC.  9. — Misuse  of  funds.— School  district  treasurers  are  for- 
bidden to  lend  or  use  any  part  of  the  school  moneys  which  may 
be  in  their  hands,  under  penalty  of  fine  and  imprisonment,  under 
the  provisions  of  the  statute  regarding  embezzlement. 

SEC.  4.  Money  in  the  county  treasury,  whether  derived  from  fines  or  licenses, 
or  from  the  state,  should  all  be  apportioned  in  the  same  manner,  viz.,  one- 
fourth  equally  among  the  districts,  three-fourths  pro  rata. 

Money  derived  from  a  license  issued  by  the  authorities  of  an  Incorporated  city 
or  village  authorized  to  grant  licenses  goes  into  the  school  fund  of  that  city  or 
village;  all  other  license  moneys  go  into  the  school  fund  of  the  county.  See 
29  Neb.,  348. 

SEC.  7.  The  county  treasurer  is  not  authorized  to  pay  out  county  school 
fund  until  it  has  been  apportioned  by  the  county  superintendent.  11  Neb.,  238. 

SEC.  9.    See  section  6783,  of  the  Compiled  Statutes,  1895. 


Suibdiv.  11.  SCHOOL  FUNDS.  65 

SEC.  10.— Certificate  of  financial  and  census  reports.— 
Hereafter  before  a  school'  district  treasurer  shall  be  allowed 
to  draw  the  state  apportionment  from  the  county  treasurer,  he 
must  present  a  certificate  from  the  county  superintendent  setting 
forth  that  such  district  has  had  the  legal  number  of  months' 
school,  has  made  the  census  report  properly,  and  has  made  the 
proper  financial  report. 

SEC.  1 1 . — Interest. — All  warrants  or  orders  hereafter  issued  by 
the  proper  authorities  of  any  county,  city,  town,  school  district, 
or  other  municipal  subdivision  less  than  a  county,  shall  draw 
interest  from  and  after  the  date  of  their  presentation  for  pay- 
ment at  the  rate  of  seven  per  cent  per  annum.  All  warrants 
hereafter  issued  by  the  proper  authorities  of  the  state  shall 
draw  interest  at  the  rate  of  five  per  cent  per  annum  from  the 
date  of  their  presentation  for  payment.  No  bonds  hereafter 
issued  by  any  county,  city,  township,  precinct,  or  school  district 
shall  draw  interest  at  a  rate  exceeding  seven  per  cent  per 
annum. 

SEC.  12. — Warrants,  when  payable. — All  warrants  upon  the 
state  treasurer,  the  treasurer  of  any  county,  city,  school  district, 
or  other  municipal  corporation  shall  be  paid  in  the  order  of 
their  presentation  therefor. 

SEC.  13. — Warpant  register. — The  treasurer  of  this  state,  and 
the  treasurer  of  every  county,  city,  school  district,  or  other 
municipal  corporation,  shall  keep  a  warrant  register,  which 
register  shall  show,  in  columns  arranged  for  that  purpose,  the 
number,  date,  and  amount  of  each  warrant  presented  and  regis- 
tered, as  hereinafter  provided,  the  particular  fund  upon  which 
the  same  is  drawn,  the  date  of  presentation,  the  name  and  ad- 
dress of  the  person  in  whose  name  the  same  is  registered,  the 
date  of  payment,  the  amount  of  interest  and  the  total  amount 
paid  thereon,  with  the  date  when  notice  to  the  person  in  whose 
name  such  warrant  is  registered  is  mailed  as  hereinafter  pro- 
vided. 

SEC.  14. — Endorsement. — It  shall  be  the  duty  of  every  such 
treasurer,  upon  the  presentation  of  any  warrant  for  payment 
in  the  presence  of  such  person,  to  enter  such  warrant  in  his 
warrant  register  for  payment  in  the  order  of  its  presentation, 
and  upon  every  warrant  so  presented  and  registered  he  shall 
endorse  "registered  for  payment,"  with  the  date  of  such  regis- 
tration, and  shall  sign  such  endorsement;  Provided,  That  all 

SEC.  11.    Section  10,  chapter  44,  Compiled  Statutes,  1895. 

SECS.  12,  13,  11    Sections  1,  2,  and  3,  chapter  93,  Complied  Statutes,  1895 

3 


66  SCHOOL   LAWS   OF   NEBRASKA.  Sllbdiv.  11. 

warrants  outstanding  at  the  time  this  act  takes  effect  shall  be 
presented  for  payment  or  registration  by  August  first  (1st),  1891, 
shall  not  draw  interest  after  such  date  unless  so  presented. 

SEC.  15. — Separate  package  for  each  warrant — Notice.— 
It  shall  be  the  duty  of  every  such  treasurer  to  put  aside  in  a 
separate  and  sealed  package,  the  money  for  the  payment  of 
each  registered  warrant,  in  the  order  of  its  registration,  as  soon 
as  money  sufficient  for  the  payment  of  such  warrant  is  received 
to  the  credit  of  the  particular  fund  upon  which  the  same  is 
drawn.  Such  package  shall  be  endorsed  with  the  number  and 
description  of  such  warrant,  and  the  name  and  address  of  the 
person  in  whose  name  the  same  is  registered,  and  interest  upon 
such  warrant  shall  thereupon  cease,  and  such  treasurer  shall  by 
mail  immediately  notify  the  person  in  whose  name  the  same  is 
registered,  and  shall  endorse  the  date  of  the  mailing  of  such 
notice  upon  such  sealed  package. 

SEC.  16. — Receipts  by  city  treasurer. — The  treasurer  of  every 
city  or  incorporated  town,  shall  make  duplicate  receipts  for  all 
sums  which  shall  be  paid  into  his  office,  which  receipts  shall 
show  the  source  from  which  such  funds  are  derived,  and  shall  by 
distinct  lines  and  columns  show  the  amount  received  to  the  credit 
of  each  separate  fund,  and  whether  the  same  was  paid  in  cash, 
in  warrants,  or  otherwise;  one  of  which  duplicates  the  treasurer 
shall  deliver  to  the  person  making  such  payment,  and  the  dupli- 
cate thereof  he  shall  retain  in  his  office. 

SEC.  17. —  Treasurer's  duties — Cash  book — Register. — 
Every  such  treasurer  shall  daily,  as  moneys  are  received,  foot 
the  several  columns  of  his  cash  book,  and  of  his  register,  and 
carry  the  amounts  forward,  and  at  the  close  of  each  year,  in  case 
the  amount  of  money  received  by  such  treasurer  is  insufficient  to 
pay  the  warrants  registered,  he  shall  close  the  account  for  that 
year  in  such  register,  and  shall  carry  forward  the  excess. 

SEC.  18. — Failure  to  keep  books — Penalty. — Any  such 
treasurer  who  shall  fail  regularly  to  enter  upon  his  cash  book 
the  amounts  so  received  and  receipted  for,  or  who  shall  fail  to 
keep  his  cash  book  footed  from  day  to  day,  as  required  by  this 
act,  for  the  space  of  three  days,  shall  forfeit  for  each  offense  the 
sum  of  one  hundred  dollars,  to  be  recovered  in  a  civil  action  on 
his  official  bond,  by  any  person  holding  a  warrant  drawn  on  such 
treasurer,  one-half  to  the  person  bringing  such  action,  and  one- 
half  to  the  school  fund  of  the  county  in  which  such  action  is 
brought. 


Subdiv.  11.  SCHOOL  FUNDS.  67 

SEC*  19. — Inspection  of  books. — The  cash  book,  register,  and 
retained  receipts  of  every  such  treasurer,  shall  at  all  times  be 
open  to  the  inspection  of  any  person  in  whose  name  any  war- 
rants are  registered  and  unpaid. 

SEC.  20. — Failure  to  notify — Penalty. — Any  treasurer  who 
shall  for  the  period  of  five  days  after  moneys  in  amount  sufficient 
to  pay  any  registered  warrant  in  its  order  have  been  received, 
fail  to  mail  notice  thereof  to  the  person  registering  such  warrant, 
shall  forfeit  to  such  person  ten  per  cent,  on  the  amount  of  such 
warrant,  and  ten  per  cent  additional  for  every  thirty  days  there- 
after, during  which  such  failure  shall  continue. 

SEC.  21.— Failure  to  register  or  pay — Penalty. — Any  such 
treasurer,  who  shall  fail  to  register  any  warrant,  in  the  order  of 
its  presentation  therefor,  or  shall  fail  to  pay  the  same  in  the 
order  of  its  registration,  shall  be  liable  on  his  official  bond  to 
each  and  every  person,  the  payment  of  whose  warrant  or  war- 
rants is  thereby  postponed,  in  the  sum  of  five  hundred  dollars, 
to  be  recovered  in  a  civil  action,  one-half  of  which  shall  go  to 
the  person  bringing  such  action,  and  one-half  to  the  school  fund 
of  the  county  in  which  such  action  is  brought. 

SEC.  22.— Duplicate  for  lost  warrant.— Whenever  it  shall  be 
made  to  appear  to  the  satisfaction  of  any  officer,  authorized  by 
law  to  issue  warrants,  that  any  warrant  issued  by  him  has  been 
lost  and  destroyed,  such  officer  shall  have  authority  to  issue  a 
duplicate  thereof,  numbered  the  same  as  the  original,  with  the 
word  "duplicate"  written  or  printed  in  red  ink  across  the  face 
thereof;  Provided,  That  no  such  duplicate  warrant  shall  be  issued 
until  the  party  applying  for  the  same  shall  make  affidavit  that 
he  was  the  owner  of  the  original  warrant,  and  shall  also  file  with 
such  officer  an  indemnity  bond  with  good  and  sufficient  security 
conditioned  to  refund  any  money  by  him  or  his  assigns  received 
on  such  duplicate  in  case  of  presentation  and  payment  of  the 
original  by  the  treasurer  upon  whom  the  same  is  drawn,  whether 
upon  a  genuine  endorsement  thereon  or  otherwise. 

SEC.  23. — Investment  of  sinking  fund. — When  any  warrant 
issued  by  the  proper  authorities  of  any  county,  township,  city, 
town,  or  school  district  shall  have  been  presented  for  payment 
and  the  same  is  not  paid  for  want  of  funds,  it  shall  be  lawful 
for,  and  is  hereby  made  the  duty  of  such  treasurer  upon  and 
under  the  direction  of  the  board  of  county  commissioners,  or 
supervisors  of  such  county,  to  purchase  and  take  up  such  regis- 
tered warrants  with  sinking  funds  in  his  hands  and  to  hold  such 


68  SCHOOL    LAWS    OF    NEBRASKA.  Subdiv.  11. 

warrants  for  the  benefit  of  the  fund  so  invested,  till  the  same 
is  paid  in  its  order  as  provided  by  law. 

SEC.  24. — Same.-— The  boarcl  of  county  commissioners,  or  super- 
visors of  any  county  in  this  slate,  is  hereby  authorized  to  pro- 
vide for  the  purchase  and  taking  up  of  registered  warrants,  as 
provided  for  in  section  1  of  this  act,  out  of  the  sinking  funds  in 
the  hands  of  the  county  treasurer,  whenever  in  the  judgment  of 
such  county  board  the  same  shall  be  safe  a«nd  expedient.  Before 
so  investing  any  sinking  funds  the  county  board  shall  fix  and 
prescribe,  and  enter  of  record  general  directions  and  authority 
to  such  county  treasurer,  as  to  the  funds  to  be  so  invested,  speci- 
fying the  funds  to  be  so  invested,  the  kind  and  amount  of  war- 
rants to  be  so  invested  in,  and  in  so  doing  shall,  as  far  as  the 
same  may  be  practicable,  continue  to  invest  the  sinking  fund 
which  shall  last  become  due  and  payable;  Provided,  That  not 
more  than  fifty  per.  cent  of  the  money  so  collected  on  any  given 
sinking  fund  shall  be  so  invested  in  warrants  at  any  given  time, 
and  provided  further,  that  when  practicable  the  warrants  drawn 
by  any  given  authority  shall  be  provided  for  as  above  from 
the  sinking  funds  belonging  to  the  organization  issuing  such 
warrant,  and  of  such  provisions  such  county  board  shall  give 
the  treasurer  notice. 

SEC.  25. —  Same — Cities. — The  city  council  of  any  incorporated 
city  of  this  state  may  make  similar  provision  for  the  taking 
up  of  warrants  out  of  the  sinking  funds  in  the  hands  of  the 
city  treasurer  of  such  city,  provided,  that  the  warrants  to  be 
so  purchased  shall  be  limited  to  those  of  its  own  issue,  or  to 
those  of  any  school  district  situated  mainly  or  wholly  within 
the  boundaries  of  such'  city,  and  upon  notice  given  of  such 
direction,  it  shall  be  the  duty  of  such  treasurer  to  so  take 
up  such  warrants. 

SEC.  26. — Same— School  districts. — The  school  board  of  any 
school  district  in  this  state  is  hereby  authorized  to  direct  the 
legal  custodian  of  any  of  its  sinking  funds,  to  invest  such 
sinking  funds  in  the  warrants  of  such  school  district,  in  like 
manner  as  hereinbefore  provided  for,  provided,  that  the  in- 
vestment of  such  school  district  sinking  fund  under  this  sec- 
tion shall  be  limited  to  the  warrants  of  its  own  issue,  and 
upon  such  direction  of  the  school  board,  the  custodian  of  such 
sinking  funds  shall  proceed  to  take  up  the  warrants  of  such 
school  district  as  herein  provided  for. 


Su'bdiv.  12.  SCHOOLHOUSB  SITES.  69 

SUBDIVISION  XII.— SCHOOLHOUSE  SITES. 

1.  Condemnation.  I    4.  Appeal. 

2.  Costs.  5.  Site  on  school  land. 

3.  Restrictions. 

SECTION  1 . — Condemnation. — If  the  owner  of  any  real  estate, 
on  which  a  school  board  may  desire  to  locate  a  schoolhouse, 
refuses  or  neglects  to  grant  the  site  on  his  or  her  premises, 
or  if  such  owner  cannot  be  found,  the  county  superintendent 
shall  appoint  three f  disinterested  persons,  none  of  whom  shall 
be  residents  of  the  district,  whose  duty  it  shall  be,  after  tak- 
ing an  oath  to  faithfully  discharge  the  duties  imposed  on  them 
by  this  subdivision,  to  inspect  such  real  estate  and  assess  the 
damages  which  such  owner  shall  sustain  by  the  appropriation 
of  his  land  for  the  use  of  said  house  and  school,  and  make  a 
report  to  said  county  superintendent,  giving  amount  of  land  and 
damages,  with  exact  location  of  land,  and  who  shall  file  and 
preserve  the  same  in  his  office.  Each  person  acting  as  such  ap- 
praiser shall  receive  the  sum  of  two  dollars  per  day  for  his 
services. 

SEC.  2. — Costs. — The  school  board  shall  pay  the  cost  of  this 
appraisement,  and  after  paying  to  the  owner  of  the  land  the 
amount  of  damages  assessed,  may  enter  upon  and  occupy  the 
land  as  long  as  the  district  desires  to  use  it  for  district  pur- 
poses; but  should  the  same  cease  to  be  used  for  school  pur- 
poses it  will  revert  back  to  the  owner  of  the  fee  simple  of  the 
land  from  which  it  was  taken  on  the  payment  by  him  of  the 
amount  originally  paid  for  the  land  without  interest. 

SEC.  3. — Limitations. — When  land  is  thus  taken  without  the 
consent  of  the  owner,  it  -shall  not  be  more  in  amount  than  one 
acre,  and  all  orchards,  gardens,  public  parks  shall  not  be  liable 
to  be  thus  taken,  nor  shall  land  be  taken  within  twenty  rods  of 
any  residence: 

SEC.  4. — Appeal. — The  owner  of  the  land  thus  taken  may  appeal 
to  the  district  court,  and  such  appeal  shall  be  taken  within 
sixty  days,  and  in  the  same  manner  and  by  the  same  proceed- 
ings as  in  the  cases  of  condemnation  by  a  railroad  company  for 
right  of  way,  but  the  school  board  shall  not  be  liable  for  costs 
of  appeal  unless  the  court  grant  greater  damages  than  the  com- 
mittee of  appraisements  gave. 

SEC.  5. — School  land. — When  it  is  desired  to  locate  a  school- 
house  site  on  school  land  belonging  to  the  state,  the  state  land 
commissioner  is  hereby  authorized  to  sell  to  the  district  not 
less  than  one  nor  more  than  four  acres,  and  give  a  deed  to  the 
district,  in  fee  simple  in  the  name  of  the  state  as  in  other  cases. 


70  SCHOOL  LAWS  OF   NKUUASKA.  Sllblliv.  13. 

SUBDIVISION  XIII.— THE  STATE  NORMAL  SCHOOL. 


1.  Board  of  education. 

2.  Officers  of  board. 

3.  Secretary,  record,  report. 

4.  Appointment  of  principal  and  teach- 

ers. 

5.  Board  reimbursed  for  expenses. 

6.  Regular  meetings. 

7.  Rules  and  regulations. 

8.  Principal,  chief  executive  officer. 

9.  Morals. 

10.  Certificate— diploma. 


11.  Funds. 

12.  Endowment  fund. 

13.  Matriculation  fee. 

M.  Moneys  from  dormitory. 

15.  Purpose  of  the  school. 

16.  Rules  of  admission. 

17.  Junior  normal  schools. 

18.  Terms,  location. 

19.  Organization,  management. 

20.  Course  of  study,  credit. 

21.  Appropriation. 


SECTION  1. — Board  of  education. — The  state  normal  school 
shall  be  under  the  direction  of  a  board  of  education,  consisting 
of  seven  members,  five  of  whom  shall  be  appointed  by  the  gov- 
ernor for  a  term  of  five  years  each,  and  the  state  treasurer  and 
the  state  superintendent  of  public  instruction  shall  by  virtue  of 
their  office  be  members  of  said  board;  Provided,  That  the  pres- 
ent appointed  members  of  the  board  shall  continue  to  hold 
their  several  offices  till  the  limit  of  the  time  for  which  they 
were  appointed.  All  vacancies  occurring  in  the  board  shall  be 
filled  by  appointment  of  the  governor. 

SEC.  2. — Officers. — The  members  of  the  board  of  education  shall 
annually  elect  a  president  and  a  secretary  from  among  their 
own  number,  and  the  state  treasurer  shall  be  treasurer  of  the 
board  by  virtue  of  his  office. 

SEC.  3. — Record  of  secretary— Report. — It  shall  be  the  duty 
of  the  secretary  to  keep  an  exact  and  detailed  account  of  the 
doings  of  the  board,  and  on  the  first  day  of  January  of  each 
year  he  shall  transmit  to  % the  governor  a  report  of  all  expendi- 
tures made  during  the  preceding  years,  vouchers  for  which 
shall  be  kept  on  file  in  the  office  of  the  secretary,  and  open  to 
the  inspection  of  the  governor,  auditor,  and  members  of  the 
legislature. 

SEC.  4. — Appointment  of  principal,  teachers,  and  em- 
ployees— Removal. — The  said  board  shall  have  power  to  appoint 
a  principal,  assistant  teachers,  and  such  other  employees  as  may 
be  required,  to  fix  their  compensation  and  prescribe  their 
duties.  They  shall  have  power  to  remove  all  persons  ap- 
pointed by  them,  provided  that  the  affirmative  votes  of  four 
members  of  the  board  shall  be  necessary  to  remove  a  principal 
or  an  assistant  during  the  time  for  which  such  persons  were 
appointed. 

SEC.  5.— Compensation. — The  board  of  education  shall  receive 
no  compensation  for  their  services,  but  shall  be  reimbursed 
actual  expenses  incurred  in  attending  upon  meetings  of  the 
board. 


Subdiv.  13.  THE   STATE   NORMAL   SCHOOL.  tl 

SEC.  6. — Regular  meetings. — The  board  shall  hold  each  year 
two  regular  meetings,  the  last  week  of  the  spring  term  in  June, 
and  the  last  week  of  the  winter  term  in  December,  and  such 
special  meetings  as  may  be  found  necessary. 

SEC.  7.— Rules  and  regulations.— The  board  shall  adopt  all 
needful  rules  and  regulations  for  the  careful  preservation  of 
the  buildings,  furniture,  apparatus,  grounds,  timber,  shrub- 
bery, etc.,  belonging  to  the  school. 

SEC.  8.— Principal,  chief  executive  officer.— The  principal 
shall  be  the  chief  executive  officer  of  the  school,  and  shall  be 
responsible  to  the  board  for  the  control  and  management  of 
the  same.  All  teachers  and  other  subordinates  in  said  school 
shall  be  under  the  direction  of  the  principal,  subject  to  the 
general  regulations  of  the  board. 

SEC.  9. — Morals. — The  board  in  their  regulations,  and  the  prin- 
cipal in  his  supervision  and  government  of  the  school,  shall  ex- 
ercise a  watchful  guardianship  over  the  morals  of  the  pupils: 
but  no  religious  or  sectarian  test  shall  be  applied  in  the  selec- 
tion of  teachers,  and  none  shall  be  adopted  in  the  school. 

SEC.  10. — Certificate. — Any  student  having  completed  the  com- 
mon school  course  shall  be  entitled  to  a  certificate,  good  for 
two  years  in  any  part  of  the  state;  any  student  completing  the 
higher  course  of  study  in  a  satisfactory  manner  shall  be  en- 
titled to  a  diploma,  which  diploma  will  entitle  the  holder  to 
teach  in  any  of  the  schools  of  the  state  without  further  exam- 
ination for  the  space  of  three  years.  Any  graduate  of  the 
higher  course,  who  shall,  after  graduation,  teach  two  annual 
terms  of  school  of  not  less  than  six  months  each,  or  their 
equivalent,  and  shall  produce  a  certificate  of  good  moral  con- 
duct and  satisfactory  discharge  of  professional  duties  from  the 
board  or  boards  of  directors  of  the  district  or  districts  in  which 
the  applicant  taught,  countersigned  by  the  county  superintend- 
ent of  the  proper  county  or  counties,  shall  be  entitled  to  re- 
ceive an  additional  diploma,  good  for  life. 

Provided,  That  any  teacher  producing  satisfactory  proof  of 
three  years'  successful  teaching  previous  to  graduation  in  the 
higher  course  of  study  may  receive,  upon  graduation,  diploma 
good  for  life;* 

Provided — Lapse  of  diploma. — That  no  life  diploma  shall  be  in 

*Any  teacher  producing  satisfactory  proof  of  three  years'  successful  teaching-, 
part  of  which  was  previous  to  graduation  In  the  higher  course  of  study,  and 
the  remainder  after  such  graduation,  is  entitled  to  receive  the  additional 
diploma  good  for  life. 


72  SCHOOL    LAWS    OF    NEBRASKA.  Subdiv.  13. 

force  after  its  holder  shall  permit  a  space  of  three  years  to 
lapse  without  following  some  educational  pursuit;  unless  said 
diploma  be  endorsed  by  the  acting  state  superintendent; 

Provided — Registration. — That  each  holder  of  a  certificate  from 
the  common  school  course,  or  a  diploma  from  the  higher  course, 
shall,  before  he  begins  to  teach,  register  the  same  in  the  office 
of  the  county  superintendent  of  the  county  in  which  he  shall 
teach;  and  for  such  registration  he  shall  pay  a  fee  of  one  dol- 
lar, which  shall  go  into  the  institute  fund  of  said  county. 

SEC.  11. — Control  of  funds. — All  funds  appropriated  for  the 
use  and  benefit  of  the  normal  school,  together  with  the  income 
arising  from  the  lease  and  sale  of  the  endowment  lands  belong- 
ing to  said  school,  shall  be  under  the  direction  and  control  of 
said  board  of  education,  subject  to  the  provisions  herein  con- 
tained. The  treasurer  shall  pay  out  of  the  proper  funds  all 
drafts  for  moneys  to  be  expended  under  the  provisions  of  this 
subdivision,  such  orders  or  drafts  to  be  drawn  by  the  auditor 
on  certificates  by  the  secretary,  countersigned  by  the  president 
of  the  board.  No  such  certificates  shall  be  given  except  upon 
accounts  audited  and  allowed  by  the  board  in  open  meeting. 

SEC.  12. — Endowment. — All  the  lands  remaining  unsold  of  the 
twenty  sections  heretofore  appropriated  as  an  endowment  fund 
for  the  state  normal  school,  and  all  the  endowment  fund 
hitherto  derived  from  the  sale  of  such  lands,  shall  be,  and  the 
same  is  hereby,  confirmed  as  such  endowment,  to  be  forever 
used  for  this  purpose. 

SEC.  13. — Matriculation  fee. — Students,  when  entering  the 
school  for  the  first  time,  shall  pay  a  matriculation  fee  of  five 
dollars.  The  moneys  thus  received  shall  be  paid  into  the  hands 
of  the  state  treasurer,  and  shall  be  held  as  a  library  fund,  and 
the  board  of  education  shall,  from  time  to  time,  appropriate 
the  same  for  the  purchase  of  books  for  the  normal  sehool 
library. 

SEC.  14. — Dormitory. — All  moneys  received  for  the  use  of  rooms 
in  the  dormitory  shall  be  expended  by  the  board  in  repairs  of 
dormitory  and  the  furniture  of  the  same,  whenever  such  repairs 
are  needed. 

SEC.  15. — Purpose. — The  exclusive  purpose  of  this  school  is  the 
training  and  instruction  of  persons,  both  male  and  female,  in 
the  arts  of  teaching  and  managing  schools,  and  in  the  princi- 
ples and  practice  of  the  various  branches  of  learning  taught  in 
our  public  schools. 


Subdiv.  13.  SCHOOLS  IN  CITIES.  73 

SEC.  16.— Admission  of  pupils.— The  board  shall  make  such 
rules  and  regulations  for  the  admission  of  pupils  to  the  school 
as  may  seem  to  be  best  for  the  interest  of  the  school  and  not  in- 
consistent witk  the  purpose  for  which  the  school  has  been  es- 
tablished. 

[JUNIOR   NORMAL   SCHOOLS.] 

SEC.  17. — Establishment. — That  there  be  and  there  hereby  is 
established  in  the  state  of  Nebraska  not  less  than  three  and  not 
more  than  five  junior  normal  schools  at  such  time  and  places  as 
are  hereinafter  designated. 

SBC.  18.— Terms,  time,  and  places  of  holding.— That  the 
terms  and  time  of  holding  these  junior  normal  schools  shall  be 
not  less  than  ten  weeks  between  the  first  day  of  June  and  the  first 
day  of  September  of  each  year;  and  that  three  of  these  junior 
normal  schools  shall  be  established  and  maintained  in  the  school 
districts  of  Alliance,  McCook  and  Valentine,  and  at  not  more 
than  two  other  places  to  be  determined  by  the  state  superintend- 
ent of  public  instruction.  Provided,  That  at  each  of  these  places 
the  public  school  buildings,  textbooks  and  apparatus  of  the  re- 
spective school  districts  be  placed  at  the  service  of  the  state 
under  the  jurisdiction  of  the  state  superintendent. 

SEC.  19. — Organization  and  management. — The  organiza- 
;ion  and  management  of  the  junior  normal  schools  shall  be  under 
;he  jurisdiction  of  the  state  superintendent  of  public  instruction, 
and  he  shall,  as  far  as  practicable,  attend  such  junior  normal 
schools,  provide  proper  instructors  for  the  same,  and  make  and 
complete  all  other  arrangements. 

SEC.  20. — Course  of  study,  credit. — The  studies  pursued  at 
these  junior  normal  schools  shall  be  a  part  of  the  regularly  pre- 
scribed course  of  the  state  normal  school  or  schools,  and  students 
in  regular  attendance  and  pursuing  and  completing  these  studies 
in  a  satisfactory  manner  shall  be  granted  a  certificate  to  that 
effect,  signed  by  the  conductor  of  the  junior  normal  school  and 
countersigned  by  the  state  superintendent,  which  certificate  shall 
entitle  the  holder  to  proper  credit  at  the  state  normal  school  or 
schools. 

SEC.  21. — Appropriation. — That  there  be  and  there  hereby  is 
appropriated  out  of  any  moneys  in  the  state  treasury  and  not 
otherwise  appropriated  the  sum  of  twelve  thousand  (f  12,000.00) 
dollars  for  the  purpose  of  establishing  and  maintaining  said 
junior  normal  schools. 


71  SCHOOL- LAWS  OF  NEBRASKA.  Subdiv.  14 

SUBDIVISION  XIV.— SCHOOLS  IN  CITIES. 


1.  Name  and  style— powers— property. 

2.  Control  of  board. 

3.  Board,  how  constituted. 

4.  Election. 

5.  Oath  of  office. 

6.  Meetings  of  board. 

7.  Officers— rules. 

8.  Election  of  officers. 

9.  President. 

10.  Vice  president. 

11.  Secretary. 

12.  Secretary's  bond. 

13.  Treasurer. 

14.  Property  and  funds. 


16.  Quorum.— Vacancy,  how  created. 

17.  Accounts  and  appropriations, 

18.  Census. 

19.  Teachers'  certificates. 

20.  Contract  with  member  Illegal. 

21.  Sale  of  property. 

22.  Payment    of    debts    of    superseded 

districts. 

23.  Estimate  of  funds  needed. 

24.  Aggregate  tax— bonds. 

25.  Taxes. 

26.  Interest  on  bonds— sinking  fund. 

27.  Purchase  of  bonds  before  maturity. 
28   Control  of  funds. 


15.  Vacancies,  how  filled. 

SECTION  1. — General  control. — That  the  territory  embraced 
within  the  corporate  limits  of  each  incorporated  city  in  the 
state  of  Nebraska,  or  those  hereafter  incorporated  as  such  (to- 
gether with  such  additional  territory  and  additions  to  said  city 
as  may  be  added  thereto),  as  declared  by  ordinance  to  be  the 
boundaries  of  such  city,  having  a  population  of  more  than  fif- 
teen hundred  (1500)  inhabitants,  including  such  adjacent  ter- 
ritory as  now  is,  or  hereafter  may  be  attached  for  school  pur- 
poses, shall  constitute  one  school  district,  and  be  known  by  the 
name  of  "The  school  district  of  (name  of  city),  in  the  county  of 
(name  of  county),  in  the  state  of  Nebraska,"  and  as  such,  in 
that  name,  shall  be  a  body  corporate  and  possess  all  the  usual 
powers  of  a  corporation  for  public  purposes,  and  in  that  name 
and  style  may  sue  and  be  sued,  purchase,  hold,  and  sell  such 
personal  and  real  estate,  and  control  such  obligations  as  are 
authorized  by  law,  and  the  title  to  all  school  buildings  or  other 
property,  real  or  personal,  owned  by  any  school  district  within 
the  corporate  limits  of  any  city,  shall  upon  the  organization  of 
the  district  under  the  provisions  of  the  subdivision,  vest  im- 
mediately in  the  new  district;  and  the  board  of  education,  by 
this  subdivision  provided,  shall  have  exclusive  control  of  the 
same  for  all  purposes  herein  contemplated;  Provided,  That  any 
territory  not  included  within  the  corporate  limits  of  any  city, 
and  containing  territory  or  a  number  of  children  sufficient  to 
constitute  a  school  district  under  the  provisions  of  this  chapter, 
may,  by  petition  signed  by  at  least  a  majority  of  the  legal  voters 
of  such  territory,  and  a  majority  of  the  board  of  education  of 
such  city,  be,  by  the  county  superintendent,  erected  into  a  sep- 
arate district  under  the  conditions  imposed  by  this  chapter. 

SEC.  2. — Free  schools. — That  all  schools  organized  within  the 
limits  of  said  cities  shall  be  under  the  direction  and  control  of 

SEC.  1.    Consolidation  of  district;  payment  of  debts.    15  Neb.,  4.     Cited  10  Jd.,,  12. 

See  sections  5-8,  subdivision  6. 

For  schools  in  metropolitan  cities  see  post,   subdivision  17. 


Subdiv.  14.  SCHOOLS  IN  CITIES.  75 

the  boards  of  education  authorized  by  this  subdivision.  Such 
schools  shall  be  fre.e  to  all  children  between  the  ages  of  five 
and  twenty-one  years,  whose  parents  or  guardians  live  within 
the  limits  of  said  district,  and  all  children  of  school  age  non- 
residents of  said  district  who  are  or  may  be  by  law  allowed  to 
attend  said  school  without  charge. 

SEC.  3. — Board,  how  constituted. — The  boards  of  education 
contemplated  by  this  subdivision  shall  consist  of  six  members 
who  shall  be  elected  upon  a  general  ticket  from  among  the  legal 
voters  who  are  tax  payers  at  the  time  for  holding  the  general 
city  election  in  each  year.  At  the  first  election  in  cities  organized 
under  this  act  two  members  shall  be  elected  for  the  term  of 
1hree  years,  two  for  two  years,  and  two  for  one  year,  and  annu- 
ally thereafter  two  members  shall  be  elected  for  three  years  and 
until  their  successors  are  elected  and  qualified  and  installed  in 
office.  Provided,  That  in  cities  of  the  first  class  having  a  popu- 
lation of  less  than  forty  thousand  and  more  than  five  thousand 
inhabitants  the  board  of  education  shall  at  the  option  of  the 
school  district  consist  of  nine  members  who  shall  be  qualified 
electors  of  said  city,  and  shall  be  actual  tax  payers,  who  shall  be 
elected  at  the  times  and  hold  their  offices  for  the  terms  herein- 
after prescribed  to-wit:  At  the  first  annual  city  election  held 
after  organizing  under  this  act,  three  members  shall  be  elected 
for  the  term  of  three  years,  three  for  two  years,  and  three  for 
one  year ;  and  annually  thereafter  their  successors  shall  be  chosen 
for  the  term  of  three  years,  and  all  members  so  elected  shall  serve 
until  their  successors  are  duly  elected  and  qualified.  Provided 
further  that  in  cities  of  the  first  class  having  a  population  of 
more  than  forty  thousand  and  less  than  a  hundred  thousand  in- 
habitants, the  board  of  education  shall  consist  of  five  members, 
one  member  to  be  elected  each  year  and  for  a  term  of  five  years. 
No  election  of  members  of  the  board  shall  be  held  in  the  year 
1903.  In  the  year  1904,  one  member  shall  be  elected  for  a  term 
of  five  years,  one  member  for  a  term  of  four  years,  and  one  mem- 
ber for  a  term  of  three  years.  In  the  year  1905,  one  member  shall 
be  elected  for  a  term  of  five  years,  and  one  member  for  a  term 
of  one  year,  and  each  year  thereafter  one  member  shall  be  elected 
for  a  term  of  five  years.  It  shall  be  the  duty  of  the  mayor  of 
any  city  now  organized  or  hereafter  organized  under  the  provis- 
ions of  this  subdivision  to  give  public  notice  to  the  electors  thereof 
of  the  number  of  persons  who  shall  be  chosen  by  them  as  members 
of  a  board  of  education  for  the  school  district  of  (name  the  city) 
at  the  ensuing  annual  election  for  city  officers. 

SEC.  4, — Election. — That  the  ballots  for  the  election  of  members 


76  SCHOOL  LAWS  OF  NEBRASKA.  Subiliv.  14 

of  the  board  of  education,  for  authorizing  the  issuance  of  bonds, 
or  the  purchase  of  sites  and  erection  of  buildings,  shall  in  all 
cases  be  deposited  in  boxes  especially  prepared  for  that  purpose, 
and  be  received,  and  returns  made  by  the  regular  election  board ; 
but  the  returns  for  the  election  of  members  shall  be  canvassed 
in  the  same  manner  as  provided  for  in  the  case  of  city  officers; 
the  returns  for  the  issuance  of  bonds,  purchase  of  sites,  and^ 
erection  of  buildings  shall  be  made  to  and  canvassed  by  the' 
board  of  education. 

SEC.  5. — Oath  of  office. — That  all  persons  elected  as  members 
of  boards  of  education  shall,  on  or  before  the  first  Monday  of 
the  month  following  their  election,  take  and  subscribe  the  usual 
oath  of  office.  In  case  any  person  elected  shall  fail  so  to  do, 
his  election  shall  be  void,  and  the  vacancy  thereby  occasioned 
shall  be  filled  by  the  bo>ard  as  hereinafter  provided. 

SEC.  6. — Meetings. — That  the  regular  meetings  of  the  boards  of 
education  shall  be  held  upon  the  first  Monday  of  each  month; 
but  special  meetings  may  be  held  from  time  to  time,  as  circum- 
stances may  demand,  and  all  meetings  of  the  board  shall  be 
open  to  the  public,  unless  otherwise  specially  ordered. 

SEC.  7. — Officers — Rules. — That  the  boards  of  education  shall 
have  power  to  select  their  own  officers  and  make  their  own  rules 
and  regulations  subject  to  the  provisions  of  this  subdivision  and 
of  this  act;  but  no  member  of  the  board,  except  the  secretary, 
shall  accept  or  receive  any  compensation  for  services  performed 
in  discharging  the  duties  of  his  office. 

SEC.  8. — Election  of  officers. — The  term  of  members  elected 
shall  begin  with  the  first  Monday  in  May  succeeding  their  elec- 
tion each  year,  and  the  members  of  the  board  shall  thereupon  elect 
a  president  and  vice-president  from  their  own  number,  and  a  sec- 
retary either  from  their  own  number  or  outside,  in  the  discretion 
of  the  board,  and  they  shall  determine  the  salary  of  such  secre- 
tary not  to  exceed  however  $720.00  per  annum,  provided  that  the 
limitation  of  salary  shall  not  apply  to  school  districts  compris- 
ing territory  within  the  corporate  limits  of  cities  of  the  first 
class  having  a  population  of  more  than  40,000  and  less  than 
100,000.  Each  of  said  officers  shall  serve  for  the  term  of  one  year 
or  until,  their  successors  are  elected  and  qualified.  They  may 
also  elect  at  any  regular  meeting  one  superintendent  of  public 
instruction  with  such  salary  as  the  board  may  deem  best,  and 
they  may  enter  into  contract  with  him  in  accordance  with  their 
discretion,  for  a  term  not  to  exceed  three  years.  The  election  of 
the  officers  of  the  board,  of  the  superintendent  and  teachers,  and 
all  elections  for  filling  vacancies  on  the  board  shall  be  by  ballot, 
and  no  person  shall  be  declared  elected  except  he  receive  the  vote 
of  a  maioritv  of  all  the  members  of  the  board. 


Subdiv.  14.  SCHOOLS  IN  CITIES.  77 

SEC.  9. — President. — That  it  shall  be  the  duty  of  the  president 
to  preside  at  all  meetings  of  the  board,  to  appoint  all  committees 
whose  appointment  is  not  otherwise  provided  for,  and  to  sign 
all  warrants  ordered  by  the  board  of  education  to  be  drawn  upon 
the  city  treasurer  for  school  moneys. 

SEC.  10. — Vice  president. — That  it  shall  be  the  duty  of  the 
vice  president  to  perform  all  the  duties  of  the  president  in  case 
of  his  absence  or  disability. 

SEC.  1 1  .—Secretary.— That  it  shall  be  the  duty  of  the  secretary 
to  be  present  at  all  meetings  of  the  board,  to  keep  an  accurate 
journal  of  its  proceedings,  to  take  charge  of  its  books  and  docu- 
ments, to  countersign  all  warrants  for  school  moneys  drawn 
upon  the  city  treasurer  by  order  of  the  board,  to  apply  for  and 
receive  school  funds  from  the  county  treasurer,  or  other  person 
to  whom  such  funds  are  payable  by  law,  and  deposit  the  same 
with  the  treasurer  of  the  board,  and  to  perform  all  such  other 
clerical  duties  as  the  board  may  require;  and  for  his  services  he 
shall  receive  such  salary  as  the  board  may  deem  adequate. 

SEC.  12. — Secretary's  bond. — That  before  entering  upon  the 
discharge  of  his  duties  the  secretary  of  the  board  shall  give 
bonds  in  the  sum  of  not  less  than  one  thousand  dollars,  to  be 
determined  by  the  board  with  good  and  sufficient  sureties,  and 
shall  take  and  subscribe  an  oath  or  affirmation  before  a  proper 
officer,  that  he  will  support  the  constitution  of  the  state  of 
Nebraska,  and  faithfully  perform  the  duties  of  his  office. 

SEC.  13. — Treasurer. — That  the  city  treasurer  of  such  city  shall 
be  ex  officio  treasurer  of  the  school  district.  He  shall  attend 
all  meetings  of  the  board  when  required  so  to  do,  and  he  shall 
prepare  and  submit  in  writing  a  monthly  report  of  the  state 
of  its  finances,  and  he  shall  pay  school  moneys  only  upon  war- 
rants signed  by  the  president  of  the  board  or,  in  his  absence, 
by  the  vice  president,  and  countersigned  by  the  secretary.  He 
shall  give  a  bond  payable  to  the  county  in  such  sum  as  may  be 
fixed  by  the  board  of  education,  which  bond  shall  be  signed  by 
one  or  more  surety  companies  of  recognized  responsibility,  and 
the  cost  of  such  bond  shall  be  paid  by  the  school  district. 

SEC.  1 4. — Property  and  funds. — That  within  ten  days  after  the 
permanent  organization  of  a  board  of  education,  as  provided  for 
in  this  subdivision,  it  shall  be  the  duty  of  all  officers  of  school 
districts  within  the  limits  of  cities  aforesaid  to  deliver  to  the 
officers  of  the  board  all  property,  funds,  and  papers  entrusted 
to  their  care,  for  the  use  of  the  public  schools  of  such  cities,  and 


78  SCHOOL  LAWS  OF  NEBRASKA.  Subdiv.  14 

all  funds  thus  received  shall  be  immediately  paid  to  the  treas- 
urer of  the  board,  and  be  by  him  placed  to  the  credit  of  the  school 
district  provided  by  this  subdivision. 

SEC.  1 5. — Vacancies,  how  filled. — That  the  boards  of  educa- 
tion shall  have  power  to  fill  any  vacancies  which  may  occur  in 
their  body  from  among  the  legal  voters  who  are  taxpayers; 

Provided — Vacancy  filled  by  election. —  That  any  vacancy 
occurring  more  than  ten  days  previous  to  the  annual  city  elec- 
tions, and  leaving  an  unexpired  term  of  more  than  one  year,  shall 
be  filled  at  the  first  city  election  thereafter,  and  the  ballots  and 
returns  shall  be  designated  as  follows:  "To  fill  unexpired  term." 

SEC.  16. — Quorum. — That  a  majority  of  all  the  members  of  each 
board  of  education  shall  constitute  a  quorum,  but  a  less  number 
in  attendance  at  any  regular  meeting  shall  have,  and  a  quorum 
at  any  special  meeting  may  have,  power  to  compel  the  attendance 
of  absent  members,  in  such  a  manner,  and  under  such  penalties 
as  such  board  shall  see  fit  to  prescribe;  and  the  absence  of  any 
member  from  four  consecutive  regular  meetings  of  the  board, 
unless  on  account  of  sickness  or  consent  of  the  board,  removal 
from  the  district,  or  resignation  accepted  by  the  board,  shall 
vacate  his  position  on  the  board,  and  such  vacancy  shall  be  filled 
in  accordance  with  the  provisions  of  this  subdivision. 

SEC.  17. — Accounts  audited. — That  all  accounts  shall  be 
audited  by  the  secretary,  approved  by  a  committee,  to  be  styled 
the  committee  on  claims,  and  no  expenditure  greater  than  two 
hundred  dollars  shall  be  voted  by  the  board,  except  in  accord- 
ance with  the  provisions  of  a  written  contract;  nor  shall  any 
money  be  appropriated  out  of  the  school  fund,  except  on  a  re- 
corded affirmative  vote  of  a  majority  of  all  the  members  of  the 
board,  and  said  accounts  and  the  records  of  said  board  in  cities 
of  the  first  class  shall  at  all  times  be  subject  to  the  inspection 
and  examination  of  the  auditor  of  such  city,  whose  duty  it  shall 
be  each  month  to  examine  said  records  and  check  said  accounts, 
and  from  time  to  time,  as  may  be  required  by  ordinance  or  reso- 
lution of  the  city  council,  report  to  said  council  the  nature  and 
state  of  said  accounts,  and  any  facts  that  may  be  required  con- 
cerning said  records. 

SEC.  18. — Census. — That  the  boards  of  education  shall  annually 
cause  to  be  taken  an  enumeration  of  all  persons  between  the 
ages  of  five  and  twenty-one  years,  residing  in  the  district,  who 
shall  report  the  same,  together  with  such  other  information  as 
required  by  sections  one  [12]  and  seventeen  of  subdivision  IV. 


Sulxliv.  14.  SCHOOLS  IN  CITIES.  79 

of  this  chapter,  to  the -county  superintendent  of  public  instruc- 
tion, at  the  time  specified  by  law  for  like  returns  from  other  dis- 
tricts. 

SEO.  19. — Teachers'  certificates. — That  all  persons  making 
applications  to  boards  of  education  as  teachers  in  graded  and 
high  schools  therein  shall  be  required  to  produce  a  legal  certifi- 
cate given  by  some  authority  authorized  to  grant  teachers'  cer- 
tificates or  from  an  examining  committee  appointed  by  the 
board.  And  for  such  purpose  the  board  of  education  is  author- 
ized to  appoint  three  competent  persons,  at  such  times  as  may 
be  deemed  expedient,  who  sihall  be  styled  "the  examining  com- 
mittee of  the  board  of  education,"  and  whose  duty  it  shall  be  to 
examine  all  persons  who  may  apply  to  them  as  teachers,  and 
teachers  receiving  such  certificates  setting  forth  that  such  per- 
son is  competent  to  teach  in  the  public  schools  of  the  city,  and 
is  a  person  of  good  moral  character,  shall  be  entitled  to  all  the 
benefits  arising  from  a  certificate  issued  to  any  teacher  under 
the  laws  of  this  state.  Any  certificate  granted  by  such  -com- 
mittee may  be  revoked  by  the  board  of  education,  for  any  reason 
which  would  have  justified  the  withholding  thereof  when  the 
same  was  granted,  or  for  gross  negligence  of  duty,  incompe- 
tency,  or  immorality. 

SEC.  20.— Contract  with  member  illegal. — It. shall  be  un- 
lawful for  any  member  of  the  board  of  education  to  have  any 
pecuniary  interest,  either  directly  or  indirectly,  in  any  contract 
for  the  erection  of  schoolhouses,  or  for  warming,  ventilating, 
furnishing,  or  repairing  the  same,  or  be  in  any  manner  con- 
nected with  the  furnishing  of  supplies  for  the  maintenance  of 
the  schools. 

SEC.  21. — Sale  of  district  property. — No  school  property  of 
any  kind  belonging  to  any  school  district  shall  be  sold  by  the 
board  of  education,  except  [upon  an  order  passed]  at  a  regular 
meeting  of  the  same,  and  not  then  without  an  affirmative  re- 
corded vote  of  at  least  two-thirds  of  all  the  members  of  the 
board. 

SEC.  22.— Payment  of  debts  of  superseded  districts.— 
Each  of  the  school  districts  provided  for  in  section  1  of  this 
subdivision  shall  have  the  power,  and  it  shall  be  the  duty  of  the 
board  of  education,  to  provide  for  the  payment  of  debts  created 
by  school  districts  or  other  school  organizations  superseded  by 
the  districts  herein  provided  for,  when  such  debts  shall  have 
been  incurred  in  the  erection  of  schoolhouses,  or  for  other  school 


80  SCHOOL  LAWS  OF  NEBRASKA.  SubdlV.  14 

purposes;  if  any  portion  of  such  debts  shall  be  in  the  form  of 
bonds,  if  issued  for  a  valuable  consideration,  and  in  accordance 
with  law,  the  validity  of  which  has  not  been  called  in  question, 
or  if  called  in  question  have  been  declared  by  courts  of  last 
resort  to  be  valid,  the  holder  or  holders  thereof,  on  surrendering 
the  same  to  said  board,  shall  have  the  right  to  demand,  and  it 
shall  be  the  duty  of  said  board,  in  the  name  of  the  district  cre- 
ated by  this  subdivision,  to  cause  to  be  issued  other  bonds  of 
like  amount,  of  the  same  tenor  and  effect  as  to  payment  of  prin- 
cipal and  interest  as  the  bonds  surrendered.  This  provision 
shall  also  apply  to  cases  where  only  a  part  of  a  district  shall  be 
embraced  within  the  district  created  by  this  subdivision,  when- 
ever said  fractional  part  shall  petition  and  become  a  part  of 
said  district,  as  provided  for  in  section  1  of  this  subdivision; 

Provided — Apportionment  of  indebtedness. — The  latter  shall 
assume  and  pay  only  such  proportion  of  the  debt  of  the  divided 
district  as  the  assessed  valuation  of  the  part  taken  therefrom 
shall  bear  to  the  assessed  valuation  of  the  part  remaining.  In 
case  of  a  division  of  one  or  more  school  districts  for  the  purpose 
of  forming  one  school  district  within  the  limits  of  a  city  of  the 
first  class,  it  shall  be  the  duty  of  the  county  superintendent  of 
public  instruction,  the  president  of  the  board  of  education,  and 
the  director  of  the  school  district,  to  appraise  and  adjust  all 
claims  or  assets  in  such  a  manner  that  each  district  shall  bear 
its  proportion  of  the  indebtedness,  as  heretofore  provided,  and 
have  its  proportion  of  the  assets  of  said  district. 

SEO.  23. — Estimate  of  funds  needed. — That  the  board  of 
education  shall  annually,  during  the  month  of  June,  report  to 
the  county  commissioners  an  estimate  of  the  amount  of  funds 
required  for  the  support  of  the  schools  during  the  fiscal  year 
next  ensuing,  the  amount  of  funds  required  for  the  purchase  of 
school  sites,  the  erection  of  school  buildings,  the  payment  of  in- 
terest upon  all  bonds  issued  for  school  purposes,  and  the  crea- 
tion of  a  sinking  fund  for  the  payment  of  such  indebtedness;  and 
the  county  commissioners  are  hereby  authorized  and  required  to 
levy  and  collect  the  necessary  amounts  the  same  as  other  taxes; 
a  duplicate  of  said  certificate  shall  be  filed  by  the  board  with  the 
city  council. 

SEC.  24.— Limitation  of  taxation— Bonds.—That  the  aggre- 
gate school  tax,  exclusive  of  school  bond  taxes,  shall  in  no  one 
year  exceed  twenty-five  mills.  Provided  that  in  cities  of  the  first 

SEC.  23.    Cited  36  Neb..  263. 


Subdiv.  14.  SCHOOLS  IN  CITIES.  81 

class  having  a  population  of  more  than  forty  thousand  a  school 
tax,  exclusive  of  school  bond  taxes,  may  be  levied  that  will  yield 
a  revenue  of  $150,000.00  each  year.  But  the  board  of  education 
may  borrow  money  upon  bonds  which  they  are  hereby  authorized 
and  empowered  to  issue,  bearing  a  rate  of  interest  not  to  exceed 
six  per  cent  per  annum,  payable  annually  or  semi-annually  at 
such  place  as  may  be  mentioned  upon  the  face  of  the  bonds; 
which  loan  shall  be  paid  and  reimbursed  in  a  period  not  exceed- 
ing thirty  years  from  the  date  of  said  bonds.  Provided  that  no 
bonds  shall  be  issued  nor  the  question  of  issue  submitted  to  the 
voters  without  the  consent  of  two-thirds  of  the  members  of  the 
board  of  education,  and  be  offered  in  the  open  market  and  sold 
to  the  highest  bidder  for  not  less  than  par  value  of  the  dollar; 
and  provided  further  that  no  bonds  shall  be  issued  by  the  board 
of  education  without  first  submitting  the  proposition  of  issuing 
said  bonds  at  an  election  called  for  that  purpose,  or  at  any 
regular  election,  notice  whereof  shall  be  given  for  at  least  twenty 
days  in  one  or  more  papers  published  within  the  district  to  the 
qualified  voters  of  the  district  and  if  a  majority  of  the  ballots 
cast  at  such  election  shall  be  for  issuing  bonds,  said  board  may 
issue  bonds  in  such  amount  as  may  be  named  in  the  election 
notice.  Provided  that  in  cities  of  the  first  class  having  over 
twenty-five  thousand  inhabitants  if  such  question  is  submitted 
at  a  special  election,  it  shall  require  to  carry  the  same  a  two- 
thirds  majority  of  the  votes  cast  at  said  election. 

SEC.  25. — Taxes. — That  all  taxes  collected  for  the  benefit  of  the 
public  schools  shall  be  paid  in  money,  and  shall  be  subject  to  the 
order  of  the  board  of  education. 

SEC.  26. — Interest. — That  the  board  of  education  is  hereby 
authorized  and  required  to  provide,  before  the  same  shall  be- 
come due,  for  the  interest  on  all  bonds  issued  by  the  district; 
they  shall  also,  immediately  after  the  expiration  of  one-half  of 
the  time  for  which  said  bonds  are  issued,  proceed  to  set  apart 
each  year,  for  a  sinking  fund,  a  requisite  amount  or  proportion 
sufficient  to  pay  the  principal  of  said  bonds  when  they  shall 
become  due.  All  moneys  set  apart  for  said  sinking  fund  shall 
be  invested: 

First— Investment — District  bonds. — In  the  purchase  and 
redemption  of  bonda  of  the  school  district,  which  bonds  shall  be 
purchased  in  open  market,  in  such  manner  as  the  board  of  edu- 
cation shall  prescribe. 

Second — County  bonds. — In  bonds  of  the  county  in  which  the 
city  is  situated* 


82 


SCHOOL   LAWS    OF    NEBRASKA. 


Subdiv.  14«. 


Third — State  bonds — In  bonds  of  the  state  of  Nebraska. 

Fourth— U.  S.  bonds.— In  U.  S,  bonds. 

Fifth — City  bonds. — In  bonds  of  the  city. 

SEC.  27. — Purchase  of  bonds  before  maturity. — That  if  it 
shall  be  deemed  advisable  by  the  board  of  education  to  purchase 
bonds  issued  under  the  provisions  of  this  chapter,  before  ma- 
turity, the  treasurer  shall  sell  to  the  highest  bidder,  in  open 
market,  and  in  a  manner  prescribed  by  the  board,  such  bonds  or 
securities  as  shall  belong  to  the  school  funds,  and  the  proceeds 
thereof  shall  apply  to  purchase  of  bonds  herein  provided  for. 

SEC.  28. — Control  of  funds. — That  all  moneys  arising  from 
any  source  whatever,  which,  under  any  prior  act  or  acts  of  the 
legislature  of  this  state,  are  payable  to  any  school  fund  of  any 
city  of  the  state,  or  any  moneys  which  are  required  to  be  set 
apart  by  the  treasurer  of  any  such  city  for  the  support  and  main- 
tenance of  any  school  heretofore  organized  therein,  under  any 
general  or  special  law,  shall,  on  and  after  the  passage  of  this 
subdivision,  be  payable  to  the  treasurer  of  the  board  of  educa- 
tion, and  shall  be  used  only  for  the  purpose  specified  in  this 
subdivision. 


SUBDIVISION  XlVa.— SCHOOLS  IN  CITIES. 


1.  District— body  corporate. 

2.  Control. 

3.  Board  of  education. 

4.  Election— women. 

5.  Oath  of  office. 

6.  Meetings. 

7.  Officers— rules. 

.  8.  Election  of  officers. 
9.  President. 

10.  Vice  president. 

11.  Secretary. 

12.  Salary  of  members. 

13.  Bond  of  members. 

14.  Secretary,  oath,  bond. 

15.  Treasurer,  bond. 

16.  Attorney. 


17.  Property  and  funds. 

18.  Vacancies. 

19.  Quorum,  vacancy. 

20.  Accounts,  expenditures. 

21.  Census. 

22.  Teachers'  certificates. 

23.  Contract,  board  interested  In. 

24.  Sale  of  property. 

25.  Payment  of 'debts. 

26.  Estimate  of  expenses. 

27.  Limitation  of  taxation,  bonds. 

28.  Taxes. 

29.  Warrants. 

30.  Interest. 

31.  Bonds,  purchase  before  maturity. 

32.  Control  of  funds. 


SECTION  1. — District — Body  corporate. — That  each  incorpo- 
rated city  of  the  first  class  in  the  state  of  Nebraska,  having  less 
.than  forty  thousand  and  more  than  twenty-five  thousand  inhab- 
itants, or  those  hereinafter  incorporated  as  such,  including  such 
adjacent  territory,  as  now  is,  or  hereafter  may  be,  attached  for 
school  purposes,  shall  constitute  one  school  district  and  be  known 
by  the  name  of  the  school  district  of  (name  of  city),  in  the 
county  of  (name  of  county),  in  the  state  of  Nebraska,  and  as 
such,  in  that  name,  shall  be  a  body  corporate,  and  possess  all  the 


Subdiv.  140.  SCHOOLS  IN  CITIES.  83 

usual  powers  of  a  corporation  for  public  purposes,  and  in  that 
name  and  style  may  sue  and  be  sued,  purchase,  hold  and  sell 
such  personal  and  real  estate  and  contract  such  obligations  as 
are  authorized  by  law;  and  the  title  to  all  school  buildings,  or 
other  property,  real  or  personal,  owned  by  any  school  district 
within  the  corporate  limits  of  cities  of  the  first  class  having  less 
than  forty  thousand  and  more  than  twenty-five  thousand  inhab- 
itants, shall,  upon  the  organization  of  a  district  under  the  pro- 
visions of  this  act,  vest  immediately  in  the  new  district,  and  the 
board  of  education,  by  this  act  provided,  shall  have  exclusive 
control  of  the  same  for  all  purposes  in  this  act  contemplated. 

SEC.  2. — Control. — That  all  schools  organized  within  the  limits 
of  said  cities  shall  be  under  the  direction  and  control  of  the 
boards  of  education  authorized  by  this  act.  Such  schools  shall 
be  free  to  all  children  between  the  ages  of  five  and  twenty-one 
years,  whose  parents  and  guardians  live  within  the  limits  of  said 
school  district,  and  all  children  of  school  age  non-residents  of 
said  district  who  are,  or  may  be,  by  law  allowed  to  attend  said 
schools  without  charge. 

SEC.  3.— Board  of  education,  how  constituted. — That  the 
boards  of  education  contemplated  by  this  act  shall  consist  of  five 
members,  who  shall  be  elected  upon  a  general  ticket  from  among 
the  legal  voters  who  are  freeholders,  at  the  time  for  holding  the 
general  city  election.  Provided,  that  the  members  of  boards  of 
education  in  cities  organized  under  this  act,  whose  terms  are 
unexpired  shall  hold  their  offices  for  the  unexpired  terms,  and 
until  the  annual  city  election  of  1904  said  boards  of  education 
shall  consist  of  six  members.  At  the  annual  city  election  of  1903 
in  cities  organized  under  this  act  no  election  shall  be  held  for 
the  election  of  members  of  the  boards  of  education  in  said  cities. 
At  the  annual  city  election  of  1904,  held  after  organizing  under 
this  act,  there  shall  be  elected  two  members  of  the  boards  of 
education  in  said  cities,  who  shall  serve  for  a  term  of  three  years 
and  until  .their  successors  are  elected  and  qualified;  and  every 
third  year  thereafter  their  successors  shall  be  elected  for  a  term 
of  three  years,  and  all  members  so  elected  shall  serve  until  their 
successors  are  elected  and  qualified.  At  the  annual  city  election 
of  1905,  held  after  organizing  under  this  act,  there  shall  be  elected 
three  members  of  the  boards  of  education  in  said  cities,  who 
shall  serve  for  a  term  of  three  years  and  until  their  successors 
shall  be  elected  and  qualified;  and  every  third  year  thereafter 
their  successors  shall  be  elected  for  a  term  of  three  years,  and 
all  members  so  elected  shall  serve  until  their  successors  are 


84  SCHOOL   LAWS   OF   NEBRASKA.  Subdiv.  14 tf. 

elected  and  qualified.  It  shall  be  the  duty  of  the  mayor  of  any 
city  organized  under  the  provisions  of  this  act,  to  give  public 
notice  thereof  of  the  number  of  persons  who  shall  be  chosen  by 
them  as  members  of  a  board  of  education  for  the  school  district 
of  (name  of  city)  at  the  annual  election  for  city  officers. 

SEC.  4.— Election— Women.— That  the  ballots  for  the  election 
of  members  of  the  board  of  education,  for  authorizing  the  issu- 
ance of  bonds,  or  the  purchase  of  sites,  and  erection  of  buildings, 
shall  in  all  cases  be  deposited  in  boxes  especially  prepared  for 
that  purpose,  and  be  received  and  returns  made  by  the  regular 
election  board ;  but  the  returns  for  the  election  of  members  shall 
be  canvassed  in  the  same  manner  as  provided  for  in  the  case  of 
city  officers;  the  returns  for  the  issuance  of  bonds,  purchase  of 
sites,  and  the  erection  of  buildings,  shall  be  made  to,  and  can- 
vassed by,  the  board  of  education.  Provided -that  all  women  of 
the  age  of  twenty-one  years,  who  are  residents  and  citizens  of  the 
cities  included  under  the  provisions  of  this  act,  and  who  have 
property  assessed  in  their  own  names,  or  who  have  children  of 
school  age,  shall  be  entitled  to  vote  for  members  of  the  board  of 
education,  and  upon  all  matters  pertaining  to  the  schools  of  said 
cities.  Any  woman  desiring  to  vote  as  aforesaid  shall  not  be  re- 
quired to  register  under  the  general  registration  laws  applying 
to  cities  coming  under  the  provisions  of  this  act,  but  before  she 
shall  be  allowed  to  vote  as  aforesaid,  she  shall  be  compelled  to 
take  oath  before  the  election  board  in  the  precinct  in  which  she 
desires  to  vote,  that  she  has  been  a  resident  of  said  precinct  for 
a  period  of  ten  days,  a  resident  of  said  county  and  city  for  a 
period  of  forty  days,  and  a  resident  of  the  state  of  Nebraska  for 
a  period  of  six  months;  that  she  is  twenty-one  years  of  age,  and 
has  property  assessed  in  her  own  name  or  has  children  of  school 
age. 

SEC.  5. — Oath  of  office.— That  all  persons  elected  as  members 
of  boards  of  education  shall  on  or  before  the  first  Monday  of  the 
month  following  their  election,  take  and  subscribe  the  usual  oath 
of  office.  In  case  any  person  elected  shall  fail  so  to  do,  his  elec- 
tion shall  be  void,  and  the  vacancy  thereby  occasioned  shall  be 
filled  by  the  board,  as  hereinafter  provided. 

SEC.  6. — Meetings. — That  the  regular  meetings  of  the  boards  of 
education  shall  be  held  upon  the  first  Monday  of  each  month ;  but 
special  meetings  may  be  held,  from  time  to  time,  as  circum- 
stances may  demand,  and  all  meetings  of  the  board  shall  be  open 
to  the  public,  unless  otherwise  especially  ordered. 


Subdiv.  14a.  SCHOOLS  IN  CITIES.  85 

SEC.  7.— Officers — Rules. — That  the  boards  of  education  shall 
have  power  to  select  their  own  officers,  and  make  their  own  rules 
and  regulations  subject  to  the  provisions  of  this  act  and  the  gen- 
eral school  laws. 

SEC.  8.— Election  of  officers — Secretary— Superintendent. 
—The  term  of  members  elected  shall  begin  with  the  first  Monday 
in  May  succeeding  their  election  each  year,  and  the  members  of 
the  board  shall  thereupon  elect  a  president  and  vice-president, 
from  their  own  number,  and  a  secretary  either  from  their  own 
number  or  outside,  in  the  discretion  of  the  board,  and  they  shall 
determine  the  salary  of  such  secretary  not  to  exceed,  however, 
$720.00  per  annum.  Each  of  said  officers  shall  serve  for  the 
term  of  one  year,  or -until  their  successors  are  elected  and  qual- 
ified. They  may  also  elect  at  any  regular  meeting  one  superin- 
tendent of  public  instruction,  with  such  salary  as  the  board  may 
deem  best,  and  they  may  enter  into  contract  with  him,  in  ac- 
cordance with  their  discretion,  for  a  term  not  to  exceed  three 
years.  The  election  of  the  officers  of  the  board,  of  the  superin- 
tendent and  teachers,  and  all  elections  for  filling  vacancies  in  the 
board  shall  be  by  ballot,  and  no  person  shall  be  declared  elected 
except  he  receives  the  vote  of  a  majority  of  all  the  members  of 
the  board. 

SEC.  9. — President. — That  it  shall  be  the  duty  of  the  president 
to  preside  at  all  meetings  of  the  board,  to  appoint  all  committees, 
whose  appointment  is  not  otherwise  provided  for,  and  to  sign 
all  warrants  ordered  by  the  board  of  education  to  be  drawn  upon 
the  city  treasurer  for  school  moneys. 

SEC.  10. — Vice  president. — That  it  shall  be  the  duty  of  the 
vice-president  to  perform  all  duties  of  the  president,  in  case  of 
his  absence  or  disability. 

SEC.  1 1 . — Secretary. — That  it  shall  be  the  duty  of  the  secretary 
to  be  present  at  all  meetings  of  the  board,  to  keep  an  accurate 
journal  of  its  proceedings,  to  take  charge  of  its  books  and  docu- 
ments, to  countersign  all  warrants  for  school  moneys  drawn. upon 
the  city  treasurer  by  order  of  the  board,  to  apply  for  and  receive 
school  funds  from  the  county  treasurer,  or  other  persons  to 
whom  such  funds  are  payable  by  law  and  deposit  the  same  with 
the  treasurer  of  the  board  and  to  perform  all  such  other  clerical 
duties  as  the  board  may  require;  and  for  his  services  he  shall 
receive  such  salary  as  the  board  may  deem  adequate. 

SBC.  12. — Salary  of  members. — That  each  member  of  the 
board  of  education  shall  receive  a  salary  of  three  hundred  dol- 


86  SCHOOL   LAWS   OF   NEBRASKA.  Subdiv. 

lars  per  annum,  payable  in  monthly  installments  of  twenty-five 
dollars  each. 

SEC.  13. — Bond  of  members. — That  each  member  of  the  board 
of  education,  befose  entering  upon  the  duties  of  his  office,  shall 
be  required  to  give  a  bond  to  the  school  district.  Said  bond  is  to 
run  to  the  school  district  of  (name  of  city)  in  the  county  of 
(name  of  county)  in  the  state  of  Nebraska,  and  shall  be  fur- 
nished by  a  surety  company  of  recognized  responsibility,  and  each 
bond  shall  be  in  the  sum  of  two  thousand  dollars  and  shall  be 
conditioned  for  the  faithful  and  honest  discharge  of  the  duties 
of  the  member  of  the  board  of  education  giving  the  same,  and 
shall  be  further  conditioned  that  if  said  member  of  the  board  of 
education  shall  vote  for  any  expenditure  or  appropriation  of 
money,  or  the  creation  of  any  liability  in  excess  of  the  amount 
allowed  by  law,  that  such  member  of  the  board  of  education  and 
the  surety  signing  said  bond  shall  be  liable  thereon  for  such 
wrongful  expenditure,  appropriation  or  liability.  Such  bond 
shall  be  filed  with  and  approved  by  the  treasurer  of  said  school 
district,  and  any  liability  sought  to  be  incurred  or  debt  created 
in  excess  of  the  amount  limited  or  authorized  by  law  shall  be 
taken  and  held  by  every  court  of  the  state  as  the  joint  and  several 
liability  and  obligation  of  the  member  of  the  board  of  education 
so  voting  for  the  same,  and  not  the  debt,  liability  or  obligation  of 
the  school  district;  and  voting  for  or  approving  of  such  liability, 
obligation  or  debt,  shall  be  conclusive  evidence  of  malfeasance 
in  office  and  for  which  said  member  of  the  board  of  education 
may  be  removed  from  his  office.  An  action,  for  the  recovery  of 
money  wrongfully  and  unlawfully  expended  and  appropriated 
as  above,  may  be  brought  by  any  resident  tax-payer  of  said  school 
district,  for  the  benefit  of  and  in  the  name  of  said  school  district, 
upon  his  giving  a  good  and  sufficient  bond,  approved  by  the  court, 
conditioned  for  the  payment  of  the  costs  of  said  action. 

Sssc.  14. — Secretary  —  Oath — Bond. — That  before  entering 
upon  the  discharge  of  his  duties  the  secretary  of  the  board,  if 
he  be  not  a  member  of  the  board,  shall  give  bonds  to  said  school 
district  in  the  sum  of  two  thousand  dollars,  in  a  surety  company 
of  recognized  responsibility,  conditioned  for  the  faithful  perform- 
ance of  his  duties  as  secretary.  Should  the  secretary  be  elected 
from  the  members  of  the  board  he  shall  be  required  to  give  no 
other  and  further  bond  than  the  one  required  of  members  of 
boards  of  education  by  this  act.  Said  secretary  shall  take  and 
subscribe  an  oath  or  affirmation,  before  a  proper  officer,  that  he 


Subdiv.  14a.  SCHOOLS  IN  CITIES.  87 

will  support  the  constitution  of  the  state  of  Nebraska,  and  faith- 
fully perform  the  duties  of  his  office. 

SEC.  15.— Treasurer — Bond. — That  the  city  treasurer  of  such 
city  shall  be  ex-officio  treasurer  of  the  school  district.  He  shall 
attend  all  meetings  of  the  board  when  required  so  to  do  and  he 
shall  prepare  and  submit  in  writing  a  monthly  report  of  the 
state  of  its  finances  and  he  shall  pay  school  moneys  only  upon 
warrant  signed  by  the  president  of  the  board  or,  in  his  absence, 
by  the  vice-president,  and  countersigned  by  the  secretary.  He 
shall  give  a  bond  payable  to  the  county  in  such  sum  as  may  be 
fixed  by  the  board  of  education,  which  bond  shall  be  signed  by 
one  or  more  surety  companies  of  recognized  responsibility,  and 
the  cost  of  such  bond  shall  be  paid  by  the  school  district. 

SEC.  16. — Attorney. — That  said  board  of  education  shall  have 
power  to  elect  an  attorney  for  said  board,  and  may  enter  into  a 
contract  with  him  for  a  term  not  to  exceed  one  year.  Said  at- 
torney shall  receive  a  salary  of  three  hundred  dollars  per  annum, 
payable  in  monthly  installments  of  twenty-five  dollars  each.  He 
shall  give  bond  to  said  school  district  in  the  sum  of  two  thousand 
dollars,  in  a  surety  company  of  recognized  responsibility,  condi- 
tioned for  the  faithful  performance  of  his  duties  as  attorney  for 
said  board,  the  cost  of  said  bond  to  be  paid  by  the  school  district. 

SEC.  17. — Property  and  funds. — That  within  ten  days  after 
the  permanent  organization  of  a  board  of  education,  as  provided 
for  in  this  act,  it  shall  be  the  duty  of  all  officers  of  school  districts 
within  the  limits  of  cities  aforesaid,  to  deliver  to  the  officers  of 
the  board,  all  property,  funds,  and  papers  entrusted  to  their  care, 
for  the  use  of  the  public  schools  in  such  cities,  and  all  funds  thus 
received  shall  be  immediately  paid  to  the  treasurer  of  the  board 
and  be  by  him  placed  to  the  credit  of  the  school  district  pro- 
vided by  this  act. 

SEC.  18.— Vacancies. — That  the  boards  of  education  shall  have 
power  to  fill  any  vacancies  which  may  occur  in  the  body  from 
among  the  legal  voters  who  are  tax  payers ;  Provided,  that  any 
vacancy  occurring  more  than  ten  days  previous  to  the  annual 
city  election,  and  leaving  an  unexpired  term  of  more  than  one 
year,  shall  be  filled  at  the  first  city  election  thereafter,  and  the 
ballots  and  returns  shall  be  designated  as  follows:  "to  fill  unex- 
pired term." 

'SEC.  19. — Quorum — Vacancy. — That  a  majority  of  all  mem- 
bers of  each  board  of  education  shall  constitute  a  quorum,  but  a 


88  SCHOOL    LAWS    OF    NEBRASKA.  Subdiv.  140. 

less  number  in  attendance,  at  any  regular  meeting,  shall  have,  and 
a  quorum  at  any  special  meeting  may  have,  power  to  compel  the 
attendance  of  absent  members,  in  such  manner,  and  under  such 
penalties  as  such  board  shall  see  fit  to  prescribe,  and  the  absence 
of  any  member  from  four  consecutive  regular  meetings  of  the 
board  unless  on  account  of  sickness  or  consent  of  the  board,  re- 
moval from  the  district  or  resignation  accepted  by  the  board, 
shall  vacate  his  position  on  the  board,  and  such  vacancy  shall  be 
filled  in  accordance  with  the  provisions  of  this  subdivision. 

SEC.  20. — Accounts— Expenditures.—  That  all  accounts  shall 
be  audited  by  the  secretary,  approved  by  a  committee,  to  be  styled 
the  committee  on  claims,  and  no  expenditure  greater  than  two 
hundred  dollars  shall  be  voted  by  the  board,  except  in  accord- 
ance with  the  provisions  of  a  written  contract;  nor  shall  any 
money  be  appropriated  out  of  the  school  fund,  except  on  a  re- 
corded affirmative  vote  of  a  majority  of  all  the  members  of  the 
board.  Provided,  that  no  expenditure  of  money,  by  contract  or 
otherwise,  for  supplies  for  said  school  district,  purchase  of 
school  sites,  erection  of  new  buildings  or  for  any  other  purpose, 
except  payment  of  teachers'  salaries  and  the  salaries  of  employes 
of  the  district,  shall  be  made  in  excess  of  two  hundred  dollars, 
without  first  advertising  for  bids  for  a  period  of  ten  days  in  a 
legal  newspaper  of  general  circulation  in  said  city  and  school 
district,  particularly  specifying  the  purpose  for  which  said  con- 
tract is  to  be  let  and  said  expenditures  of  money  made.  All  bids 
must  be  delivered  sealed  to  the  secretary  of  the  board  and  opened 
in  the  presence  of  the  board  at  a  meeting  of  the  same.  The  con- 
tract shall  then  be  let  to  the  lowest  bidder.  Each  bid  must  be 
accompanied  by  a  certified  check,  in  an  amount  to  be  fixed  by 
the  board.  When  said  contract  is  awarded  the  checks  of  unsuc- 
cessful bidders  shall  be  returned,  but  the  check  of  the  successful 
bidder  shall  be  retained  until  his  contract  is  fully  performed. 
Said  accounts  and  the  records  of  said  board  in  cities  organized 
under  this  act  shall  at  all  times  be  subject  to  the  inspection  and 
examination  of  the  auditor  of  such  city,  whose  duty  it  shall  be 
each  month  to  examine  said  records  and  check  said  accounts,  and 
from  time  to  time,  as  may  be  required  by  ordinance  or  resolution 
of  the  city  council,  report  to  said  council  the  nature  and  state  of 
said  accounts,  and  any  facts  that  may  be  required  concerning 
said  records. 

SEC.  2 1  .—Census.— That  the  boards  of  education  shall  annually 
cause  to  be  taken  an  enumeration  of  all  persons  between  the  ages 
of  five  and  twenty-one  years,  residing  in  the  district,  who  shall 


Subdiv.  14#.  SCHOOLS  IN  CITIES.  89 

report  the  same,  together  with  such  other  information  as  may  be ' 
required  by  law  to  the  county  superintendent  of  public  instruc- 
tion at  the  time  specified  by  law  for  like  returns  from  other  dis- 
tricts. 

SEC.  22. — Teachers'  certificates. — That  all  persons  making 
application  to  the  boards  of  education  as  teachers  in  graded  and 
high  schools  therein,  shall  be  required  to  produce  a  legal  certifi- 
cate given  by  some  authority  authorized  to  grant  teachers'  certifi- 
cates or  from  an  examining  committee  appointed  by  the  board. 
And  for  such  purpose  the  board  of  education  is  authorized  to 
appoint  three  competent  persons,  at  such  times  as  may  be 
deemed  expedient,  who  shall  be  styled  "the  examining  committee 
of  the  board  of  education/-  and  whose  duty  it  shall  be  to  examine 
all  persons  who  may  apply  to  them  as  teachers,  and  teachers  re- 
ceiving such  certificates  setting  forth  that  such  person  is  compe- 
tent to  teach  in  the  public  schools  of  the  city,  and  is  a  person  of 
good  moral  character,  shall  be  entitled  to  all  the  benefits  arising 
from  a  certificate  issued  to  any  teacher  under  the  laws  of  this 
state.  Any  certificate  granted  by  such  committee  may  be  re- 
voked by  the  board  of  education,  for  any  reason  which  would 
have  justified  the  withholding  thereof  when  the  same  was  granted, 
or  for  gross  neglect  of  duty,  incompetency,  or  immorality. 

BEC.  23. — Board  interested  in  contract. — It  shall  be  unlaw- 
ful for  any  member  of  the  board  of  education  to  have  any  pe- 
cuniary interests,  either  directly  or  indirectly,  in  any  contract 
for  the  erection  of  school  houses,  or  for  warming,  ventilating, 
furnishing,  or  repairing  the  same,  or  to  be  in  any  manner  con- 
nected with  the  furnishing  of  supplies  for  the  maintenance  of  the 
schools. 

SEC.  24.— Sale  of  district  property. — No  school  property  of 
any  kind  belonging  to  any  school  district  shall  be  sold  by  the 
board  of  education,  except  at  a  regular  meeting  of  the  same,  and 
not  then  without  an  affirmative  recorded  vote  of  at  least  two- 
thirds  of  all  the  members  of  the  board. 

SEC.  25. — Payment  of  debts. — Each  of  the  school  districts 
provided  for  in  section  one  of  this  act  shall  have  the  power,  and 
it  shall  be  the  duty  of  the  board  of  education,  to  provide  for  the 
payment  of  debts  created  by  school  districts  or  other  school  or- 
ganizations superseded  by  the  district  herein  provided  for,  when 
such  debts  shall  have  been  incurred  in  the  erection  of  school 
houses,  or  for  other  school  purposes ;  if  any  portion  of  such  debts 
shall  be  in  the  form  of  a  bond,  if  issued  for  a  valuable  considera- 


90  SCHOOL   LAWS   OP   NEBRASKA.  Subdiv. 

tion  and  in  accordance  with  law,  the  validity  of  which  has  not 
been  called  in  question,  or  if  called  in  question,  has  been  de- 
clared by  courts  of  last  resort  to  be  valid,  the  holder  or  holders 
thereof  on  surrendering  the  same  to  said  board,  shall  have  the 
right  to  demand,  and  it  shall  be  the  duty  of  said  board,  in  the 
name  of  the  district  created  by  this  act,  to  cause  to  be  issued 
other  bonds  of  like  amount  of  the  same  tenor  and  effect  as  to 
payment  of  principal  and  interest  as  the  bonds  surrendered. 
This  .provision  shall  also  apply  to  cases  where  only  a  part  of  a 
district  shall  be  embraced  within  the  district  created  by  this 
act.  Provided,  The  latter  shall  assume  and  pay  only  such  pro- 
portion of  the  debt  of  the  divided  district  as  the  assessed  valua- 
tion of  the  part  remaining.  In  case  of  a  division  of  one  or  more 
school  districts  for  the  purpose  of  forming  one  school  district 
within  the  limits  of  a  city  coming  under  this  act,  it  shall  be  the 
duty  of  the  county  superintendent  of  public  instruction,  the 
president  of  the  board  of  education,  and  the  director  of  the  school 
district,  to  appraise  and  adjust  all  claims  as  assets  in  such  man- 
ner that  each  district  shall  bear  its  proportion  of  the  indebted- 
ness, as  heretofore  provided,  and  have  its  proportion  of  the  assets 
of  said  district. 

SEC.  26.— Estimate  of  expenses.— That  the  board  of  educa- 
tion shall  annually  during  the  month  of  June,  report  to  the 
county  commissioner  an  estimate  of  the  amount  of  funds  re- 
quired for  the  support  of  the  school  during  the  fiscal  year  next 
ensuing  particularly  designating  the  amount  of  funds  required 
for  each  of  the  following  purposes: 

Purchase  of  new  school  sites,  erection  of  school  buildings,  and 
building  and  ground  repairs. 

Teachers'  salaries. 

Janitors. 

Furniture  and  supplies. 

Payment  of  interest  on  bonds  issued  for  school  purposes. 

Sinking  fund  for  payment  of  bonded  indebtedness. 

Miscellaneous  expenses. 

Thereupon  the  county  commissioners  are  hereby  authorized 
and  required  to  levy  and  collect  the  necessary  amounts  the  same 
as  other  taxes.  Each  and  every  fund  created  by  said  levy  by  the 
county  commissioners  as  aforesaid  shall  be  strictly  devoted  to 
the  purpose  for  which  it  was  created,  and  shall  not  be  diverted, 
transferred  or  borrowed  therefrom.  Any  member  of  the  board 
of  education  voting  to  so  divert,  transfer,  or  borrow  the  money 
of  any  fund  shall  be  liable  on  his  official  bond  for  the  amount 


Subdiv.  14a.  SCHOOLS  IN  CITIES. 


91 


so  diverted,  transferred,  or  borrowed.  An  action  for  the  recov- 
ery of  said  amount  so  diverted  or  transferred  may  be  brought  by 
any  resident  taxpayer  of  said  school  district,  for  the  benefit,  and 
in  the  name  of  said  school  district,  upon  his  giving  a  good  and 
sufficient  bond,  to  be  fixed  by  the  court  in  which  said  suit  is 
brought,  conditioned  for  the  payment  of  the  costs  of  said  action. 
SEC.  27.— Limitation  of  taxation— Bonds.— That  the  aggre- 
gate school  tax,  exclusive  of  school  bond  taxes,  shall  in  no  one 
year  exceed  fifteen  (15)  mills  upon  all  the  taxable  property  of 
the  district,  but  the  board  of  education  may  borrow  money  upon 
the  bonds,  which  they  are  hereby  authorized  and  empowered  to 
issue,  bearing  a  rate  of  interest  not  exceeding  six  (6)  per  centum 
per  annum,  payable  annually  or  send-annually  at  such  place  as 
may  be  mentioned  upon  the  face  of  such  bonds ;  which  loan  shall 
be  paid  and  reimbursed  in  a  period  not  exceeding  thirty  (30) 
years  from  the  date  of  said  bonds;  Provided,  That  no  bonds 
shall  be  issued  nor  question  of  issue  be  submitted  to  the  electors 
without  the  consent  of  two-thirds  (§)  of  the  members  of  the 
board  of  education,  and  be  offered  in  open  market  and  sold  to. 
the  highest  bidder  for  not  less  than  par  value  on  each  dollar;  and 
Provided,  That  no  bonds  shall  be  issued  by  the  board  of  educa- 
tion without  first  submitting  the  proposition  of  issuing  said 
bonds,  at  an  election  called  for  that  purpose,  or  at  any  regular 
election,  notice  whereof  shall  be  given  for  at  least  twenty  (20) 
days  in  one  or  more  papers  published  within  the  district,  and  if 
a  majority  of  the  ballots  cast  on  said  proposition  shall  be  for 
issuing  bonds,  said  board  may  issue  bonds  in  such  amount  as 
shall  be  named  in  their  election  notice;  Provided,  if  said  ques- 
tion is  submitted  at  a  special  election  it  shall  require  to  carry 
the  same  a  majority  of  the  votes  cast  at  said  election.  That  no 
special  election  for  the  submission  of  the  proposition  of  the  issu- 
ance of  bonds  shall  be  called  except  upon  the  affirmative  vote  of 
two-thirds  of  the  members  elected  to  the  board  of  education.  If 
at  any  time  two-thirds  of  the  members  elected  to  the  board  of 
education  shall  vote  to  submit  the  proposition  of  the  issuance  of 
bonds  for  school  purposes,  to  the  electors  of  the  city,  the  secre- 
tary of  the  board  shall  certify  such  vote  to  the  mayor  or  acting 
mayor  of  the  city  (naming  the  purpose  for  which  said  bonds  are 
to  be  issued)  and  within  ten  days  after  ttfe  receipt  of  said  notice 
from  the  secretary,  the  mayor,  or  acting  mayor,  of  the  city,  shall 
call  a  special  election  of  the  electors  of  said  city  to  vote  upon 
said  proposition.  Notice  of  said  election  shall  be  given  for  at 


92  SCHOOL   LAWS    OF    NEBRASKA.  Subdiv.  14». 

least  twenty  days  in  one  or  more  papers  published  within  the 
district,  and  said  notice  shall  specify  the  purpose  for  which  said 
bonds  are  to  be  issued.  The  returns  of  said  special  election  shall 
be  canvassed  by  the  board  of  education  as  provided  in  section  4 
of  this  act. 

SEC.  28.— Taxes.— That  all  taxes  collected  for  the  benefit  of  the 
public  school  shall  be  paid  in  money,  and  shall  be  subject  to  the 
order  of  the  board  of  education. 

SEC.  29. — Warrants. — That  if  at  any  time  the  funds  in  the 
hands  of  the  treasurer  of  said  school  district,  in  one  or  all  of  the 
funds  provided  for  in  this  act,  shall  become  exhausted,  and  there 
shall  be  no  funds  to  meet  the  obligations  of  said  school  district, 
then  and  in  that  case  the  board  of  education  is  hereby  authorized 
and  empowered  to  issue  warrants  against  the  annual  levy  of 
each  particular  fund,  for  that  year  for  the  purpose  for  which 
said  fund  is  created,  in  an  amount  not  to  exceed  ninety  per  cent 
of  said  funds,  which  warrant  shall  be  registered  by  said  treasurer, 
and  draw  interest  from  the  date  of  the  registration  at  the  rate  of 
six  (6)  per  cent  per  annum.  Provided,  that  no  warrants  shall  be 
drawn  against  any  of  said  funds  except  for  the  purpose  for  which 
said  funds  is  created  by  this  act.  All  warrants  shall  be  drawn 
by  the  secretary  upon  the  treasurer,  and  must  be  signed  by  the 
president  and  secretary  stating  the  particular  fund  or  appropria- 
tion to  which  the  same  is  chargeable  and  the  person  to  whom  pay- 
able, and  no  money  shall  otherwise  be  paid  on  account  of  the 
school  district  unless  otherwise  provided  by  law.  All  license 
moneys  and  fines  shall  be  placed  to  the  credit  of  the  "teachers' 
salaries"  and  "miscellaneous  funds"  in  the  amounts  which"  the 
board  of  education  may  designate,  by  resolution,  at  a  regular 
meeting  of  the  board. 

SEC.  20. — Interest. — That  the  board  of  education  is  hereby  au- 
thorized and  required  to  provide  before  the  same  shall  become 
due,  for  the  interest  on  all  bonds  issued  by  the  district;  they 
shall  also,  immediately  after  the  expiration  of  one-half  of  the 
time  for  which  said  bonds  are  issued,  proceed  to  set  apart,  each 
year,  for  a  sinking  fund,  a  requisite  amount,  or  proportion,  suffi- 
cient to  pay  the  principal  of  said  bonds  when  they  shall  become 
due.  All  moneys  set  apart  for  the  said  sinking  fund  shall  be  in- 
vested :  First. — In  the  purchase  and  redemption  of  bonds  of  the 
school  district,  which  bonds  shall  be  purchased  in  open  market, 
in  such  a  manner  as  the  board  of  education  shall  prescribe.  Sec- 
ond.— In  bonds  of  the  county  in  which  the  city  is  situated.  Third. 


Subdiv.  15.  SCHOOL  DISTRICT  BONDS.  93 

—In  bonds  of  the  state  of  Nebraska.  Fourth. — In  United  States 
bonds.  Fifth. — In  bonds  of  the  city. 

SEC.  31. — Bonds,  purchase  of  before  maturity. —That  if  it 
shall  be  deemed  advisable  by  the  board  of  education  to  purchase 
bonds  issued  under  the  provisions  of  this  chapter,  before  ma- 
turity, the  treasurer  shall  sell  to  the  highest  bidder,  in  open 
market,  and  in  a  manner  prescribed  by  the  board,  such  bonds  or 
securities  as  shall  belong  to  the  school  funds,  and  the  proceeds 
thereof  shall  apply  to  purchase  of  bonds  herein  provided  for. 

SEC.  32.— Control  of  funds.— That  all  moneys  arising  from 
any  source  whatever,  which  under  any  prior  act  or  acts  of  the 
legislature  of  this  state,  are  payable  to  any  school  fund  of  any 
city  of  the  state,  or  any  moneys  which  are  required  to  be  set 
apart  by  the  treasurer  of  any  such  city  for  the  support,  and  main- 
tenance of  any  school  heretofore  organized  herein,  under  any 
general  or  special  law,  shall,  on  or  after  the  passage  of  this  sub- 
division, be  payable  to  the  treasurer  of  the  board  of  education, 
and  shall  be  used  only  for  the  purpose  specified  in  this  subdi- 
vision. 


SUBDIVISION  XV.— SCHOOL  DISTRICT  BONDS. 


1.  Bonds,  when  issued. 

2.  Election  to  vote  bonds. 

3.  Petition  for  submission. 

4.  Amount  of  bonds. 
6.  Same. 

6.  Rate  of  interest. 

7.  Description  of  bonds. 

8.  Statement  by  district  officers. 

9.  Registration  by  auditor. 

10.  Certificate  of  registration. 

11.  Non-registry. 

12.  Effect   of   act  on  bonds  heretofore 

issued. 

13.  Taxation      for      payment  —  Sinking 

fund. 

14.  School  district  defined. 

15.  Excess  of  tax  over  payment  due— 


16.  Payment,  where  and  how  made. 

17.  County  treasurer  liable. 

18.  Cancellation. 

19.  Acts  repealed. 

20.  Refunding  bonds. 

21.  New  bonds,  description. 

22.  How  issued  and  paid. 

23.  High  school  redemption  bands. 

24.  Condition,  description. 

25.  Disposition— Proceeds. 
2(5.  Issuance— Payment. 

27.  Compromising  indebtedness. 

28.  Negotiations. 

29.  Petition. 

30.  Record -Description— Payment. 

31.  Record  of  proceedings. 

32.  Detaching  coupons. 


Investment— Notice. 

SECTION  1.— Bonds,  when  issued.— The  district  officers  of  any 
school  district  in  Nebraska  shall  have  power  to  issue  the  bonds 
of  the  district,  for  the  purpose  of  purchasing  a  site  for,  and 
erecting  thereon,  a  schoolhouse  or  schoolhouses,  and  furnishing 
the  same,  in  such  district,  on  the  terms  and  conditions  set  forth 
in  the  succeeding  sections  of  this  act. . 

SUED.  XV,  See  8  Neb.,  95,  168,  179.  10  Id..  552.  12  Id.,  259.  13  Id.,  81,  89,  470.  14 
Id.,  381.  Where  several  districts  are  consolidated,  the  new  district  not  only  be- 
comes invested  with  all  property  rights  of  the  former,  but  also  becomes  answer- 
able for  their  debts.  15  Neb.,  3.  16  Id.,  187.  19  Id.,  90,  135.  21  Id.,  72o,  22  Id.,  700. 


01  SCHOOL   LAWS   OP   NEBRASKA.  Subdiv.  15. 

SEC.  2. — Election  to  vote  bonds. — No  bonds  shall  be  issued 
until  the  question  has  been  submitted  to  the  qualified  electors 
of  the  district,  and  two-thirds  of  all  the  qualified  electors 
present  and  voting  on  the  question  shall  have  declared  by  their 
votes  in  favor  of  issuing  the  same,  at  an  election  called  for  the 
purpose,  upon  a  notice  given  by  the  officers  of  the  district  at 
least  twenty  days  prior  to  such  election. 

SEC.  3. — Petition  for  submission. — No  vote  shall  be  ordered 
upon  the  issuance  of  such  bonds,  unless  a  petition  shall  be  pre- 
sented to  the  district  board,  suggesting  that  a  vote  be  taken  for 
or  against  the  issuing  of  such  amount  of  bonds  as  may  therein 
be  asked  for,  to  purchase  a  site  for,  or  build  a  sehoolhouse  or 
houses,  or  for  furnishing  the  necessary  furniture  and  apparatus 
for  the  same,  or  for  all  of  these  purposes,  which  petition  shall 
be  signed  by  at  least  one-third  of  the  qualified  voters  of  such 
district;  Provided,  That  the  board  of  education  in  any  city  of 
the  metropolitan  class  may  order  a  vote  upon  the  issuance  of 
such  bonds  without  a  petition  therefor. 

SEC.  4. — Amount  of  bonds. — That  no  such  bonds  shall  be 
issued  in  the  aggregate  amount  to  exceed  five  per  cent  (except- 
ing in  districts  having  over  two  hundred  (200)  school  children) 
of  the  last  complete  assessment  of  the  taxable  property  of  the 
district  for  state  and  county  purposes;  nor  shall  any  district 
issue  bonds  unless  there  are  at  least  twelve  (12)  children  of 
school  age  residing  within  such  district. 

SEC.  5. — Same. — The  amount  of  bonds  shall  in  no  case  exceed 
five  hundred  (500)  dollars  in  those  districts  having  less  than 
twenty-five  (25)  scholars,  and  not  less  than  twelve  (12)  of  school 
age.  And  the  amount  of  bonds  shall  not  exceed  one  thousand 
(1,000)  dollars  when  the  number  of  children  of  school  age  are 
twenty-five  (25)  or  more,  and  less  than  fifty  (50),  and  the  amount 
of  bonds  shall  not  exceed  two  thousand  (2,000)  dollars  when  the 
number  of  children  of  school  age  in  the  district  are  fifty  (50)  or 
more,  but  less  than  one  hundred  (100);  and  the  amount  of  bonds 
shall  not  exceed  five  thousand  (5,000)  dollars  when  the  number 
of  children ' of  school  age  in  the  district  are  one  hundred  (100) 
or  more,  but  less  than  two  hundred  (200);  and  in  districts  hav- 
ing two  hundred  or  more  school  children,  such  amount  as  may 
be  agreed  upon,  not  to  exceed  ten  (10)  per  cent  of  the  assessed 
valuation  of  the  last  completed  assessment. 

SEC.  6. — Rate  of  interest. — The  bonds  issued  under  this  sub- 
SE-C.  3.  "Due-third  qualified  voters,"  how  ascertained.  41  Neto.,  593. 


Subdiv.  15.  SCHOOL  DISTRICT  BONDS.  95 

division  shall  draw  such  interest  as  shall  be  agreed  upon,  but 
not  to  exceed  seven  per  cent  per  annum. 

SEC.  7. — Description  of  bonds. — The  bonds  shall  specify  on 
their  face  the  date,  amount,  for  what  purpose  issued,  the  time 
they  run,  and  the  rate  of  interest;  shall  be  printed  on  good 
paper,  with  coupons  attached  for  each  year's  or  half  year's  in- 
terest, aad  the  amount  of  each  year's  interest  shall  be  placed  in 
corresponding  coupons  until  such  bonds  shall  become  due,  in  a 
manner  so  as  to  have  the  last  coupon  fall  due  at  the  same  time 
as  the  bond;  said  bonds  and  coupons  thereto  attached  shall  be 
severally  signed  by  the  director,  moderator,  and  treasurer  of  the 
district  board. 

SEC.  8. — Statement  by  district  officers.— It  shall  be  the  duty 
of  the  proper  officers  of  any  school  district  in  which  any  bonds 
may  be  voted  under  the  authority  of  any  law  of  this  state,  be- 
fore the  issuance  of  such  bonds,  to  make  a  written  statement  of 
all  proceedings  relative  to  the  vote  upon  the  issuance  of  such 
bonds,  and  the  notice  of  the  election,  manner,  and  time  of  giving 
notice,  question  of  submission,  results  of  a  canvass  of  the  vote 
on  the  proposition  on  account  of  which  it  is  proposed  to  issue 
such  bonds,  together  with  a  full  statement  of  the  assessed  valua- 
tion, the  number  of  children  of  school  age  residing  in  the  dis- 
trict, and  total  bonded  indebtedness  of  the  school  district  voting 
such  bonds.  Such  statement  shall  be  certified  to  under  oath  by 
the  proper  school  board  of  the  district,  and  be  transmitted  with 
the  bonds  proposed  to  be  issued,  to  the  auditor  of  public  ac- 
counts. 

SEC.  9. — Registration  by  auditor. — The  auditor  shall  examine 
the  statement  and  bonds  so  submitted  to  him,  and  if  he  be  satis- 
fied that  such  bonds  have  been  voted  in  conformity  to  law,  and 
are  in  all  respects  in  due  form,  he  shall  record  the  statement  and 
register  the  bonds  in  his  office,  and  no  such  bonds  shall  be  issued 
or  be  valid  unless  they  shall  be  so  registered  and  have  endorsed 
thereon  a  certificate  of  said  auditor  and  the  secretary  of  state, 
showing  that  such  bonds  are  issued  pursuant  to  law,  the  data 
filed  in  the  office  of  said  auditor  being  the  basis  of  such  certifi- 
cate. 

SEO.  10. — Certificate  of  registration. — Upon  the  registration 
of  such  bonds  aforesaid,  the  auditor  of  public  accounts  shall 
certify  the  fact  to  the  county  clerk  of  the  county  in  which  the 
district  is  situated,  and  also  to  the  proper  officers  of  such  school 
district,  and  whose  duty  it  shall  be  to  enter  the  same  upon  the 
proper  records  of  such  school  district,  and  taxes  for  the  payment 


96  SCHOOL   LAWS   OF   NEBRASKA.  Subdiv.  15. 

of  such  bonds  and  the  interest  thereof  shall  be  levied  in  the 
manner  provided  by  section  thirteen  of  this  act. 

SEC.  1 1  .—Non-registry. — If  1  he  auditor  of  public  accounts  is 
not  satisfied  that  such  bonds  have  [been]  issued  according  to 
law,  he  shall  return  the  same  to  the  proper  officer  with  a  cer- 
tificate to  that  effect. 

SEC.  12.  -Effect  of  act  on  bonds  heretofore  issued.— Bonds 
heretofore  issued  under  any  of  the  provisions  of  any  law  of  this 
state  may  be  registered  in  the  office  of  the  auditor  of  public  ac- 
counts upon  compliance  with  the  provisions  of  this  chapter,  but 
nothing  herein  contained  shall  affect  the  validity  of  bonds  here- 
tofore issued,  and  not  registered  under  any  law  of  this  state. 

SEC.  13. — Taxation  for  payment. — It  shall  be  the  duty  of  the 
board  of  county  commissioners  in  each  county  to  levy  annually 
upon  all  the  taxable  property  in  each  school  district  in  such 
county  a  tax  sufficient  to  pay  the  interest  accruing  upon  any 
bonds  issued  by  such  school  district,  and  to  provide  a  sinking 
fund  for  the  final  redemption  of  the  same,  such  levy  to  be  made 
with  the  annual  levy  of  the  county,  and  the  taxes  collected  with 
other  taxes,  and  when  collected  shall  be,  and  remain  in,  the 
hands  of  the  county  treasurer  a  specific  fund  for  the  payment  of 
the  interest  upon  such  bonds,  and  for  the  final  payment  of  the 
same  at  maturity.  It  shall  be  the  duty  of  the  county  clerk  to 
furnish  a  copy  of  his  register  to  the  county  treasurer. 

SEC.  14.— School  district  defined. — That  the  phrase  and  ex- 
pression "school  district,"  as  used  in  the  preceding  section  is 
hereby  declared  to  mean,  intend,  and  refer  to  the  school  district 
as  it  existed  immediately  prior  to  and  at  the  time  of  the  issuance 
of  any  bonds  by  said  school  district,  including  all  lands  and 
property  and  inhabitants  comprised  and  contained  in  said  school 
district  at  the  time  of  the  issuance  of  any  bonds,  and  including 
all  and  any  portions  of  said  district  subsequently  separated  from 
said  district,  whether  by  the  formation  of  a  new  district  or  by 
any  change  of  boundaries  of  said  original  district. 

SEC.  15. — Excess  of  tax  over  payment  due. — Any  money 
remaining  in  the  hands  of  any  treasurer,  after  the  payment  of 
interest  due  on  any  bonds  which  are  a  valid  and  legal  obligation 
against  the  school  district  to  which  such  money  belongs,  and 
the  retention  of  a  sufficient  amount  to  pay  the  accruing  interest 

SEG.  13.  The  county  commissioners  seem  to  be  required  to  levy  the  necessary 
taxes  for  the  payment  of  bonded  indebtedness  of  a  district  without  any  action 
of  the  voters  and  officers  of  the  district.— From  Maxwell's  Practice,  p.  398. 
Cited  22  Neb..  700. 

SEC.  14.    Cited  19  Neb..  485.    15  Id..  L 


Subdiv.  15.  SCHOOL  DISTRICT  BONDS.  97 

upon  such  bonds  for  the  current  year,  shall  be  retained  as  a 
sinking  fund  for  the  final  redemption  of  such  bonds,  and  shall 
be,  by  the  treasurer,  when  so  ordered  by  the  school  board,  in- 
vested as  follows,  to-wit :  First,  in  redeeming  bonds  of  the  school 
district  issuing  the  same;  second,  in  registered  bonds  of  the 
county  in  which  the  district  is  situated;  third,  in  the  bonds  of 
the  state  of  Nebraska;  fourth,  in  the  bonds  of  the  United  States; 
Provided,  That  the  bonds  thus  purchased  shall  in  all  cases  be 
purchased  at  the  lowest  market  price,  after  twenty  days'  notice 
by  publication  in  at  least  one  newspaper  published  and  in  gen- 
eral circulation  at  the  capital  city  or  town  of  the  state ;  the  cost 
of  which  advertising,  at  legal  rates,  shall  be  paid  out  of  the  sink- 
ing fund  for  the  redemption  of  such  bonds. 

SEC.  16. — Payment,  where  and  how  made.— When  the  in- 
terest and  principal,  or  interest  only,  of  such  registered  bonds 
are  payable  in  New  York  City,  or  elsewhere  out  of  the  state,  pay- 
ment shall  be  therein  [then]  made  at  the  place  so  designated  in 
such  bond  or  coupon,  or  at  the  commercial  [financial]  agency  of 
the  state  for  such  purposes,  and  in  order  that  the  funds  may  not 
be  misapplied,  the  treasurer  shall  procure  a  draft  for  the  amount, 
to  be  transmitted  by  drawing  his  check  on  some  bank  in  this 
state,  and  both  check  and  draft  shall  be  so  endorsed  as  to  show 
upon  what  bond  or  bonds  the  funds  shall  be  applied;  or,  at  the 
request  of  the  party  holding  or  owning  said  bonds,  payment  may 
be  made  at  the  office  of  said  treasurer. 

SEC.  17. — County  treasurer  liable. — The  tax  and  funds  so 
collected  shall  be  deemed  pledged  and  appropriated  to  the  pay- 
ment of  the  interest  and  principal  of  the  registered  bonds  herein 
provided  for,  until  fully  satisfied,  and  the  treasurer  shall  be  liable 
on  his  official  bond  for  the  faithful  disbursements  of  all  moneys 
so  collected  or  received  by  him.  After  the  principal  and  inter- 
est of  such  bonds  shall  have  been  fully  paid,  and  all  obligations 
for  which  such  fund  and  taxes  were  raised  have  been  discharged, 
the  county  clerk,  upon  the  order  of  the  county  commissioners, 
shall  notify  the  county  treasurer  to  transfer  all  such  funds  re- 
maining in  his  hands  to  the  credit  of  the  district  to  which  they 
belong. 

SEC.  18.— Cancellation. — When  any  registered  bond  shall  ma- 
ture, the  same  shall  be  paid  off  by  the  treasurer,  at  the  place 
where  the  same  stall  be  payable,  out  of  any  money  in  his  hands 
or  under  his  control  for  that  purpose,  and  when  so  paid  the  same 
shall  be  endorsed  by  the  treasurer  on  the  face  thereof,  "Can- 
celed," together  with  the  date  of  such  payment;  and  thereupon 

4 


98  SCHOOL  LAWS  OF  NEBRASKA.        Subdiv.  15. 

be  filed  with  the  clerk,  who  shall  enter  satisfaction  of  such  bonds 
upon  the  records  of  such  school  district.  In  case  said  bonds  are 
payable  out  of  the  state,  an  allowance  of  one-fourth  of  one  per 
cent  shall  be  made  to  the  treasurer  for  the  expense  attendant  in 
making  such  payment,  to  be  deducted  from  any  money  in  his 
hand's  remaining  after  payment  of  such  matured  bonds. 

SEO.  19. — Acts  repealed. — That  the  act  entitled  "An  act  to 
amend  an  act  entitled  'An  act  to  establish  a  system  of  public 
instruction  for  the  state  of  Nebraska/  "  approved  February  25th, 
1875;  and  also  those  portions  of  the  act  entitled  "An  act  to  pro- 
vide for  the  registration  of  precinct  or  towniship  and  school 
district  bonds,"  in  conflict  with  this  act,  and  all  other  acts  and 
parts  of  acts  inconsistent  with  this  act,  be  and  the  same  are 
hereby  repealed;  Provided,  That  nothing  in  this  act  shall  affect 
in  any  manner  the  validity  of  bonds  heretofore  issued. 

SEC.  20. — Refunding  bonds. — That  any  school  district  in  the 
state  of  Nebraska  which  has  heretofore  voted  and  issued  bonds 
to  build  or  furnish  a  schoolhouse,  or  for  any  other  purpose,  and 
which  bonds  or  any  part  thereof  still  remain  unpaid  and  remain 
and  are  a  legal  liability  against  such  district  and  bearing  inter- 
est, is  hereby  authorized  to  issue  coupon  bonds  at  a  rate  of  inter- 
est not  exceeding  seven  per  centum  per  annum,  to  be  substi- 
tuted in  place  of  and  exchanged  for  such  bonds  heretofore  issued 
whenever  such  school  district  can  effect  such  substitution  and 
exchange  at  a  rate  not  to  exceed  dollar  for  dollar. 

SEC.  2 1 . — New  bonds— Description. — The  new  bond  so  issued 
shall  have  recited  therein  the  object  of  its  issue,  the  title  of  the 
act  under  which  the  issue  was  made,  stating  the  issue  to  be  in 
pursuance  thereof,  and  shall  also  state  the  number,  date,  and 
amount  of  the  bond  or  bonds  for  which  it  is  substituted,  and 
such  new  bond  shall  not  be  delivered  until  the  surrender  of  the 
bond  or  bonds  so  designated. 

SEC.  22. — How  issued  and  paid. — The  new  bonds  as  issued 
shall  not  require  a  vote  of -the  people  to  authorize  such  issue, 
and  they  shall  be  paid,  and  the  levy  made  and  tax  collected  for 
their  payment  in  accordance  with  laws  now  governing  the  said 
bonds  heretofore  issued. 

SEC.  23. — High  school  redemption  bonds. — That  any  school 
distrkrt  in  any  city  of  the  first  class  in  this  state  be  and  is  hereby 
authorized  and  empowered  to  issue  its  coupon  bonds  of  such 
denominations  as  the  board  of  education  of  such  school  district 
may  deem  best,  and  in  an  amount  equal  to  the  amount  outstand- 


Subdiy.  15.  SCHOOL  DISTRICT  BONDS.  £9 

ing  and  unpaid  of  bonds  bearing  interest  at  the  rate  of  ten  per 
cent  per  annum,  heretofore  issued  for  the  purpose  of  erecting 
a  high  school  building  by  such  school  district,  or  by  any  school 
organization  or  board  of  regents  which  shall  have  been  super- 
seded by  such  school  district. 

SEC.  24. — Condition — Description. — Any  bonds  issued  under 
the  provisions  of  this  act  shall  be  for  the  payment,  by  the  school 
district  issuing  the  same,  of  the  sum  specified  therein,  made 
payable  in  the  city  of  New  York,  in  not  more  than  twenty  years 
nor  lees  than  five  years  from  the  time  they  are  issued,  with  in- 
terest at  a  rate  not  exceeding  seven  per  cent  per  annum,  pay- 
able semi-annual ly;  said  bonds  and  coupons  shall  be  required 
[signed]  by  the  president  of  the  board  of  education  and  counter- 
signed by  its  secretary;  Provided,  That  such  bonds  may  be  made 
redeemable  at  any  time  after  five  years,  at  the  option  of  the  board 
of  education. 

SEC.  25. — Disposition.— It  shall  be  the  duty  of  the  board  of 
education  of  any  school  district  issuing  bonds  under  the  provis- 
ions of  this  act,  to  negotiate  such  bonds,  but  £pr  no  less  than 
the  par  value  thereof,  and  all  the  proceeds  arising  from  the  sale 
thereof  shall  be  paid  to  the  treasurer  of  the  board  of  education, 
and  shall  be  applied  solely  to  the  redemption  and  purchase  of 
the  bonds  heretofore  issued  by  such  school  district,  or  school 
organization  superseded  by  it,  for  the  purpose  of  erecting  a  high 
school  building,  and  bearing  interest  at  the  rate  of  ten  per  cent 
per  annum;  Provided,  That  none  of  the  said  bonds  heretofore  is- 
sued shall  be  redeemed  or  purchased  for  more  than  the  face 
value  thereof. 

SEC.  26. — Issuance. — The  bonds  issued  under  the  provisions  of 
this  act  shall  not  require  a  vote  of  the  people  to  authorize  their 
issue,  and  they  shall  be  paid,  and  taxes  shall  be  levied  and  col- 
lected for  their  payment  in  the  same  manner  as  is  now  provided 
by  law  for  the  payment  of  bonds  heretofore  issued  by  such  school 
districts. 

SEC.  27.— Compromising  indebtedness.— That  any  county, 
precinct,  township,  or  town,  city,  village,  or  school  district  is 
hereby  authorized  and  empowered  to  compromise  its  indebted- 
ness in  the  manner  hereinafter  provided. 

SEC.  28. — Negotiations. — Whenever  the  county  commiisioners 
of  any  county,  the  city  council  of  any  city,  the  board  of  trustees 

SEC.  27.    Section  32,  chapter  9,  Compiled  Statutes. 

SECS.  27-31.  Act  held  not  to  empower  a  school  district  to  issue  its  bonds 
and  deliver  them  to  parties  in  compromise,  or  to  take  the  place,  of  an  indebt- 
edness evidenced  by  school  district  warrants.  [45  Neb.,  13.  J 


100  SCHOOL   LAWS   OF   NEBRASKA.  SubdlV.  15. 

of  any  village,  or  school  board  of  any  school  district  shall  be 
satisfied  by  petitions  or  otherwise  that  any  such  county,  pre- 
cinct, township,  or  town,  city,  village,  or  school  district  is  unable 
to  pay  in  full  its  indebtedness,  and  two-thirds  (§)  of  the  resident 
taxpayers  of  such  county,  precinct,  township,  or  town,  city,  vil- 
lage, or  school  district  shall  by  petition  ask  that  such  county, 
precinct,  township,  town,  city,  or  village,  or  school  district,  to 
compromise  such  indebtedness,  they  are  hereby  empowered  to 
enter  into  negotiations  with  the  holder  or  holders  of  any  such 
indebtedness  of  whatever  form,  scaling,  discounting,  or  com- 
promising the  same. 

SEC.  29. — Petition. — "Whenever  satisfactory  arrangements  are 
made  with  the  holder  or  holders,  or  any  of  them,  of  such  in- 
debtedness, and  upon  a  surrender  of  the  same  for  cancellation  or 
satisfaction,  the  county  commissioners  for  and  on  behalf  of  any 
such  county,  precincts,  townships,  or  towns,  or  the  city  council 
of  any  such  city,  or  the  board  of  trustees  of  any  such  village,  or 
school  board  of  any  such  school  district  shall,  upon  petition  of 
two-thirds  (f )  of  the  resident  tax  payers  of  such  county,  precinct, 
township,  or  town,  city,  village,  or  school  district  have  authority 
and  they  are  hereby  empowered  to  issue  the  bonds  of  such 
county,  precinct,  township,  or  towrn,  city,  village,  or  school  dis- 
trict to  the  holder  or  holders  of  the  indebtedness,  so  surrendered, 
canceled,  or  satisfied  for  the  amount  agreed  upon,  not  exceeding 
the  original  indebtedness. 

SEC.  30. — Record.  —Before  issuing  bonds  under  the  provisions 
of  this  act  the  board  issuing  the  same  shall  by  resolution  enter 
upon  its  records,  recite  the  number  and  denomination  of  the 
bonds  to  be  issued,  the  rate  of  interest  and  to  whom  and  when 
payable.  Such  bonds  shall  be  payable  in  not  more  than  twenty 
(20)  years  from  the  date  of  their  issue  or  at  any  time  before  ma- 
turity at  the  option  of  such  municipality.  They  shall  bear  in- 
terest at  a  rate  not  exceeding  seven  (7)  per  cent  nor  the  rate 
borne  by  the  bond  surrendered,  with  interest  coupons  attached, 
payable  annually  or  semi-annually,  and  the  said  board  may  levy 
a  tax  on  all  the  taxable  property  in  such  county,  precinct,  town- 
ship, or  town,  city,  village,  or  school  district  in  addition  to  other 
taxes  to  pay  the  interest  and  principal  of  said  bonds  as  the  same 
shall  mature,  and  such  tax  levy  for  interest  may  be  paid  in  cash 
or  in  such  coupons. 

SEC.  3 1 . — Record  of  proceedings. — Every  board  issuing  bonds 
under  the  provisions  of  this  act  shall  keep  a  complete  record  of 
all  the  transactions  connected  therewith. 


Subdiv.  15.  SCHOOL  DISTINCT  Bp^DSi  101 


SEC.  32.  —  Detaching  coupons.  —  That  whenever  a  bond  of  any 
county,  city,  town,  township,  precinct,  village,  school  district, 
or  other  municipality,  shall  be  presented  to  the  auditor  of  public 
accounts  for  registration,  the  auditor  shall  examine  the  interest 
coupons  thereto  attached,  and  shall  detach  as  many  of  them  as 
shall  mature  before  the  first  tax^s  levied  to  meet  the  same  shall 
become  due  and  collectible,  and  stamp  said  coupons  "Detached 
to  the  Auditor  of  Public  Accounts,"  and  send  to  the  treasurer  of 
the  county  from  which  said  coupons  were  issued, 


102  SCHOOL  LA  ATS  OF   NEBRASKA.  SuMiv.  16. 


SUBDIVISION  XVI.— COMPULSORY  EDUCATION. 

1.  Compulsory  attendance,  etc.  I    3.  Special  schools. 

2.  Truant  officer,  etc.  I    4.  Enumerators. 

SECTION  1. — Compulsory  attendance  at  public,  private,  or 
parochial  school— Exemption. — That  every  person  having 
legal  or  actual  charge  or  control  of  any  child  or  children  or 
youth  not  less  than  seven  (7)  nor  more  than  fifteen  (15)  years  of 
age,  shall  during  each  school  year  between  the  second  Monday  of 
July  and  the  last  Monday  of  June  following,  cause  such  child  or 
children  or  youth  to  attend  the  public  day  schools  for  a  period 
of  not  less  than  twelve  (12)  weeks;  and  if  the  public  day  schools 
of  the  school  district  in  which  such  person  or  persons  having 
charge  or  control  of  such  child  or  children  or  youth  may  reside 
shall  be  in  session  during  the  school  year  between  the  second 
Monday  of  July  and  the  last  Monday  of  June  following,  more 
than  twelve  (12)  weeks,  then  the  person  having  control  of  such 
child  or  children  or  youth  shall  cause  each  of  them  to  attend 
such  public  day  school  not  less  than  two-thirds  of  the  entire 
time  the  said  schools  shall  be  in  session  during  the  school  year 
as  aforesaid;  and  in  no  case  shall  such  attendance  be  for  a  less 
period  than  twelve  (12)  weeks.  Such  attendance  shall  begin 
with  the  first  opening  of  the  public  day  schools  after  the  second 
Monday  of  July,  and  shall  continue  consecutively  until  the  re- 
quired period  of  attendance  is  completed. 

Provided,  That  the  portion  of  this  act  requiring  attendance 
in  public  day  school  shall  not  apply  in  any  case  where  the  child 
or  youth  is,  for  a  time  equal  to  that  required  by  this  act,  in- 
structed in  some  private  or  parochial  school ;  or  in  any  case  where 
the  child  is  instructed  at  home  or  elsewhere  by  a  person  quali- 
fied to  give  instruction  in  the  studies  required  to  be  taught  in  the 
public  schools ;  or  in  any  case  where  the  child  or  youth  has  com- 
pleted the  studies  required  for  obtaining  a  certificate  of  gradua- 
tion from  the  eighth  grade  of  such  schools ;  or  in  any  case  where 
the  child  or  youth,  being  of  the  age  of  fourteen  (14)  years,  is  of 
necessity  regularly  employed  for  his  own  support  or  the  support 
of  those  actually  dependent  upon  him ;  or  in  any  case  where  the 
child  or  youth  is  physically  or  mentally  incapacitated  for  the 
work  done  in  the  schools ;  or  in  any  case  where  the  child  or  youth 
lives  more  than  two  (2)  miles  from  the  school  by  the  nearest 
practicable  traveled  road  unless  free  transportation  to  and  from 
such  school  is  furnished  to  such  child  or  youth, 


Subdiv.  16.  COMPULSORY  EDUCATION.  i03 

In  case  exemption  is  claimed  on  account  of  mental  or  physical 
incapacity,  the  school  authorities  shall  have  the  right  to  employ 
a  physician  or  physicians  who  shall  have  authority  to  examine 
such  child  or  youth,  and  if  such  physician  or  physicians  shall 
declare  that  such  child  or  youth  is  capable  of  undertaking  the 
work  of  the  schools,  then  such  child  or  youth  shall  not  be  exempt 
from  the  requirements  of  this  act. 

In  case  exemption  is  claimed  and  granted  on  account  of  chil- 
dren or  youth  of  the  age  of  fourteen  (14)  years  being  compelled 
to  support  themselves  or  those  dependent  upon  them,  such  chil- 
dren or  youth  may,  in  the  discretion  of  those  charged  with  the 
enforcement  of  this  act,  be  required  to  attend  a  public  evening 
school  or  some  other  suitable  school  for  not  less  than  two  hours 
each  school  day  during  the  time  provided  for  school  attendance 
in  this  act. 

Be  it  further  provided,  that  all  persons  of  from  seven  (7)  to 
eighteen  (18)  years  of  age,  who  are  residents  of  this  state  and 
who  by  reason  of  partial  or  total  blindness  or  deafness  are  un- 
able to  obtain  an  education  in  the  public  schools  of  this  state, 
shall  under  the  provisions  of  this  act,  be  required  to  attend  the 
Institute  for  the  Blind  or  the  School  for  the  Deaf  unless  said 
persons  are  being  privately  or  otherwise  educated  as  in  this  act 
prescribed,  or  unless  under  the  provisions  of  chapter  22,  Com- 
piled Statutes  of  Nebraska  of  1901  they  are  not  subjects  for  ad- 
mission to  the  Deaf  and  Dumb,  and  Blind  Institutes  of  the  state 
of  Nebraska. 

In  case  exemption  is  claimed  on  account  of  attendance  at  a 
private  or  parochial  school,  as  provided  in  this  act,  or  on  account 
of  attendance  upon  suitable  instruction  elsewhere  given,  as  pro- 
vided in  this  act,  the  authorities  of  the  private  or  parochial 
school  so  attended,  or  the  person  or  persons  giving  elsewhere 
such  instruction,  shall  keep  a  record  showing  the  names  and  ages 
of  all  children  enrolled,  the  number  of  the  school  district  and  the 
county  of  their  residence,  the  number  of  days  such  child  or  chil- 
dren claiming  exemption  were  members  of  such  school  or  at- 
tendants upon  such  instruction,  the  days  on  which  such  pupils 
were  present  and  the  days  on  which  they  were  absent,  and  the 
authorities  of  such  private  or  parochial  school,  or  the  person  giv- 
ing elsewhere  such  instruction,  as  well  as  the  authorities  of  all 
public  schools  shall  furnish  at  the  end  of  each  month  of  school 
a  report  to  the  county  superintendent  of  schools,  and  a  duplicate 
of  said  report  to  the  director  or  secretary  of  the  school  district 
in  which  such  child  or  children  reside,  on  blanks  to  be  furnished 


104  SCHOOL  LAWS  OP  NEBRASKA.  Subdiv.  16 

or  prescribed  by  the  state  superintendent  of  public  instruction, 
which  report  shall  cover  said  items  of  record  as  above,  except: 
that  in  school  districts  organized  under  the  provisions  of  subdi- 
vision XIV,  or  subdivision  XVII,  of  chapter  79  of  the  Compiled 
Statutes  of  Nebraska  for  1901,  such  report  shall  be  made  to  the 
superintendent  of  the  city  schools  of  such  district.  And  it  is 
hereby  made  the  duty  of  such  county  or  city  superintendent, 
upon  the  receipt  of  the  report  for  the  first  month  of  school  in 
said  district,  and  each  two  weeks  thereafter,  to  compare  such 
reports  with  the  last  census  report  on  file  in  his  office  from  such 
district,  and  prepare  a  list  of  all  children  or  youth  resident  in 
such  district  who  are  not  receiving  instruction  as  in  this  act 
provided,  and  to  transmit  said  list  to  the  officer  or  officers  in  such 
district  whose  duty  it  is  to  enforce  the  provisions  of  this  act  as 
hereinbefore  provided. 

SEC.  2.— Truant  officer— Notice  to  parent— Violation  of 
act— Penalty. — That  district  boards  in  districts  other  than  city 
districts,  may  appoint  a  truant  officer.  In  any  case  where  the 
district  board  shall  not  appoint  any  person  as  truant  officer,  the 
director  shall  act  as  such  truant  officer.  Boards  of  education 
in  cities  shall  appoint  one  or  more  truant  officers.  All  truant 
officers  provided  for  in  this  act  shall  qualify  as  special  consta- 
bles or  police  officers,  shall  see  that  the  provisions  and  require- 
ments of  this  act  are  duly  carried  out  and  enforced  in  the  dis- 
tricts for  which  they  severally  act,  shall  have  authority  to  ap- 
prehend and  take  to  his  home  or  to  some  public,  private  or 
parochial  school  any  child  subject  to  and  violating  the  provisions 
of  this  act,  shall  receive  for  such  services  a  compensation  to  be 
determined  by  the  district  board  or  board  of  education  to  be  paid 
out  of  the  general  school  funds  of  the  district  as  are  other  ordi- 
nary expenses  of  maintaining  the  school;  and  on  failure  or  neg- 
lect to  discharge  the  duties  herein  prescribed  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  be  punished 
by  a  fine  of  not  less  than  five  (fS.OO)  dollars  and  not  more  than 
twenty-five  ($25.00)  dollars.  Any  truant  officer  who,  from  per- 
sonal knowledge  or  through  information  or  complaint  from  any 
resident  or  teacher  in  the  district  where  he  acts,  believes  that 
any  person  having  legal  or  actual  control  of  any  child  or  children 
subject  to  the  provisions  of  this  act  is  neglecting  or  failing  to 
comply  with  the  provisions  thereof,  shall  immediately  investigate 
the  case  and  give  written  notice  to  the  person  having  legal  or 
actual  control  of  such  child  or  children  that  the  requirements  of 
this  act  must  at  once  be  complied  with;  and  if,  within  one  week 


Subdiv.  1G.  COMPULSORY  EDUCATION.  105 

of  the  giving  of  such  notice,  the  person  having  control  of  such 
child  or  children  shall  not  have  complied  with  the  provisions  of 
this  act,  the  truant  officer  shall  file  complaint  against  such  per- 
son in  some  court  having  jurisdiction,  and  the  failure  to  comply 
with  the  provisions  of  this  act  or  its  violation  on  the  part  of  such 
person  shall  be  deemed  a  misdemeanor,  and  upon  conviction 
thereof  he  shall  be  punished  by  a  fine  of  not  less  than  five  dol- 
lars and  not  more  than  twenty-five  dollars. 

The  county  superintendent  in  each  county  shall,  without  ad- 
ditional salary,  act  as  head  truant  officer  and  it  shall  be  his  duty 
as  such  head  truant  officer  to  see  that  each  truant  officer  in  the 
several  districts  of  the  county  discharges  properly  the  duties 
of  his  office,  and  enforces  to  the  best  of  his  ability  the  provisions 
of  this  act. 

SEC.  3. — Special  schools. — That  boards  of  education  in  cities 
may,  in  their  discretion,  establish  and  conduct  special  schools  for 
the  instruction  of  children  who  cannot  profitably  or  properly  be 
cared  for  in  the  usual  schools.  Any  child  of  school  age  who  is 
habitually  truant  or  incorrigible,  or  whose  conduct  and  habits 
are  such  that  he  cannot  with  profit  to  himself  or  in  justice  to  the 
other  members  of  the  school  be  retained  and  instructed  in  the 
usual  schools,  may,  upon  complaint  of  the  person  having  legal  or 
actual  control  of  such  child,  or  upon  complaint  of  the  principal 
or  head  of  the  school  where  such  child  is  attending,  or  an  com- 
plaint of  the  truant  officer  be  required  by  the  superintendent  of 
the'city  schools  to  attend  a  special  school,  as  provided  for  in  this 
section,  until  such  time  as  the  child's  habits  and  conduct  become 
such  as  to  make  it  advisable  and  proper  for  him  to  be  received 
again  into  the  usual  school.  These  special  schools  shall  be 
taught  in  such  localities  as  may  be  considered  proper  and  suit- 
able by  the  board  of  education;  they  shall  give  instruction  in 
the  branches  required  by  law  to  be  taught  in  the  common 
schools;  they  shall  be  as  good  in  conveniences,  equipment,  and 
condition  of  health  as  the  usual  schools  of  the  city  where  they 
are  situated  and  they  shall  be  taught  by  teachers  specially  fitted 
by  nature  and  experience  to  control  and  instruct  wisely  and  suc- 
cessfully the  special  class  of  children  to  be  educated  therein. 

SEC.  4.— Enumerators,  duties  of.— That  in  order  that  the 
provisions  of  this  act  may  be  the  better  enforced  it  is  hereby 
ordered  that  all  enumerators  of  persons  of  school  age,  in  taking 
the  annual  school  census,  shall  ascertain  and  record  the  place 
and  date  of  birth  of  each  child  enumerated,  together  with  the 
school  or  schools  attended,  or  the  place  or  places  in  which,  or 


106  SCHOOL    LAWS   OP    NEBRASKA.  Subdiv.  16. 

the  person  or  persons  by  whom  such  child  was  instructed  during 
the  preceding  school  year,  and  the  person  having  control  of  such 
child  shall  take  oath  or  affirmation  that  such  record  is  true.  The 
enumerator  is  hereb}'  empowered  to  administer  such  oath  or 
affirmation.  Any  person  who  shall  refuse  to  take  such  oath  or 
affirmation,  or  who  shall  with  intent  to  evade  any  of  the  provis- 
ions of  this  act,  willfully  make  false  statement  concerning  any 
child  or  children  under  his  control  and  subject  to  the  provisions 
of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction,  shall  be  punished  by  a  fine  of  not  less  than  one  dollar 
and  not  more  than  ten  dollars. 


Subdiv.  17.         SCHOOLS  IN  METROPOLITAN  CITIES.  107 

SUBDIVISION   XVII.— SCHOOLS   IN   METROPOLITAN 

CITIES. 

1.  District— Body  corporate. 


2.  Control— Free  schools. 

3.  Taxation. 

4.  Board  of  education. 

5.  Same— Election— Oath  of  office. 

6.  Board  meetings. 

7.  General  powers. 

8.  Officers— Superintendent. 

9.  President. 

10.  Vice  president. 

11.  Secretary. 

12.  Treasurer. 

13.  Vacancies  in  board. 

14.  Quorum— Vacancy. 

15.  Accounts— Expenditures— Comptrol- 

ler's report. 

16.  Census. 


17.  Teachers'  certificates. 

18.  Board  interested  in  contract. 

19.  Sale  of  property. 

20.  Payment    of    debts    of    superseded 

districts. 

21.  Estimate  of  expenses. 

22.  Maximum  tax. 

23.  Payment  of  taxes. 

24.  Bonds. 

25.  Same— Description. 

26.  Payment— Sinking       fund— Invest- 

ment. 

27.  Purchase  of  immature  bonds. 

28.  Disposition  of  funds. 

29.  Elections. 

30.  Acts  repealed. 

31.  Training  school. 


SECTION  1 . — District — body  corporate. — That  each  incorpo- 
rated metropolitan  city  in  the  state  of  Nebraska,  or  those  here- 
inafter incorporated  as  such,  shall  constitute  one  school  district 
and  be  known  by  the  name  of  the  school  district  of  (name  of 
city),  in  the  county  of  (name  of  county),  in  the  state  of  Nebraska, 
and  as  such  in  that  name  shall  be  a  body  corporate,  and  possess 
all  the  usual  powers  of  a  corporation  for  public  purposes,  and 
in  that  name  and  style  may  sue  and  be  sued,  purchase,  hold,  and 
sell  such  personal  and  real  estate,  and  control  such  obligations 
as  are  authorized  by  law;  and  the  title  to  all  school  buildings, 
or  other  property,  real  or  personal,  owned  by  any  school  dis- 
trict, within  the  corporate  limits  of  metropolitan  cities,  shall, 
upon  the  organization  of  a  district  under  the  provisions  of  this 
act,  vest  immediately  in  the  new  district;  and  the  board  of 
education,  by  this  act  provided,  shall  have  exclusive  control  of 
the  same  for  all  purposes  in  this  act  contemplated. 

SEC.  2. — Control. — That  all  schools  erected  or  organized  within 
the  limits  of  said  metropolitan  cities  shall  be  under  the  di- 
rection and  control  of  the  board  of  education  authorized  by 
this  subdivision.  Such  schools  shall  be  free  to  all  children 
between  the  ages  of  five  and  twenty-one  years  whose  parents 
or  guardians  reside  within  the  limits  of  said  district,  and  to  all 
children  of  school  age  non-residents  of  said  district  who  are  or 
may  be  by  law  allowed  to  attend  said  schools  without  charge. 

SEC.  3. — Taxation. — That  all  property  within  the  corporate 
limits  of  metropolitan  cities,  except  such  property  as  now  is  or 
may  hereafter  be  exempt  by  law,  shall  be  subject  to  taxation  for 
all  the  school  purposes  contemplated  in  this  act. 

SEC.  4.— -Board  of  education,— That  the  affairs  of  the  school 

SEC.  4.    30  Neb.,  815. 


108  SCHOOL    LAWS    OP    NEBRASKA.  SubdlV.  17. 

district  hereby  created  shall  be  conducted  exclusively  by  boards 
of  education,  except  as  otherwise  provided  by  this  act. 

SEC.  5. — Same — Election. — That  the  board  of  education  of 
metropolitan  cities  shall  consist  of  fifteen  (15)  members,  who 
shall  be  qualified  electors  of  said  city,  and  who  shall  be  actual 
taxpayers,  who  shall  be  elected  at  the  times  and  hold  their 
offices  for  the  terms  hereinafter  provided.  On  the  first  Tuesday 
after  the  first  Monday  in  November  of  each  year,  and  annually 
thereafter,  there  shall  be  elected  five  (5)  members  at  large  to 
serve  for  three  (3)  years,  from  and  including  the  first  Monday  of 
January  following  their  election,  or  until  their  successors  are 
elected  and  qualified.  All  persons  elected  as  members  of  boards 
of  education  shall,  before  the  first  Monday  in  January  following 
their  election,  take  and  subscribe  to  the  usual  oath  of  office.  In 
case  any  person  so  elected  shall  fail  so  to  do,  his  or  her  election 
shall  be  void,  and  the  vacancy  thereby  occasioned  shall  be  filled 
by  the  board  as  hereinafter  provided.  No  vacancy  shall  by  the 
provisions  of  this  act  be  created  in  the  membership  of  any  board 
of  education  elected  under  the  provisions  of  an  act  of  the  legisla- 
ture of  the  state  of  Nebraska,  entitled  "An  act  relative  to  public 
schools  in  metropolitan  cities,"  approved  March  31,  1887,  but 
such  members  shall  serve  out  the  terms  for  which  they  were 
elected. 

SEC.  6. — Board  meetings. — That  the  regular  meetings  of  the 
boards  of  education  shall  be  held  on  the  first  and  third  Mondays 
of  each  month,  but  special  meetings  may  be  held,  from  time  to 
time,  as  circumstances  may  demand,  at  the  call  of  the  president 
of  the  board,  or  on  petition  of  the  majority  of  the  members 
thereof;  and  all  meetings  of  the  board  shall  be  open  to  the 
public,  unless  otherwise  specially  ordered. 

SEC.  7. — General  powers. — That  the  boards  of  education  shall 
have  power  to  select  their  own  officers,  and  make  their  rules  and 
regulations,  subject  to  the  provisions  of  this  act.  The  board  of 
education  herein  provided  for,  any  committee  of  the  members 
thereof,  shall  have  power  to  compel  the  attendance  of  witnesses 
for  the  investigation  of  matters  that  may  come  before  them, 
and  the  presiding  offiqer  of  the  board  of  education,  or  the  chair- 
man of  such  committee  for  the  time  being,  may  administer  the 
requisite  oaths,  and  such  board  or  committee  thereof  shall  have 
the  same  authority  to  compel  the  giving  of  testimony  as  is  con- 
firmed [conferred]  on  courts  of  justice. 

BEG.  8.— Officers— Superintendent.— That  the  members  of  each 


Subdiv.  17.         SCHOOLS  IN  METROPOLITAN  CITIES.  109 

board  of  education,  at  their  regular  meeting  in  January  succeed- 
ing their  election  each  year,  shall  elect  a  president  and  vice-presi- 
dent from  their  own  members,  who  shall  serve  for  the  term  of 
one  (1)  year,  or  until  their  successors  are  elected  and  qualified; 
they  may  also  elect  at  any  regular  meeting  in  July  one  (1) 
superintendent  of  public  instruction,  with  such  salary  as  the 
board  may  deem  just, and  they  may  enter  into  contract  with  him, 
in  accordance  with  their  discretion,  for  a  term  of  years  not  to 
exceed  three  (3)  years.  The  election  of  the  officers  of  the  board, 
superintendent,  secretary,  teachers,  and  janitors  shall  be  by 
ballot,  and  no  person  shall  be  declared  elected  except  he  receive 
a  vote  of  a  majority  of  all  the  members  of  the  board.  They  shall 
annually  elect  a  secretary  at  such  salary  as  the  board  may  deem 
just;  said  secretary  shall  not  be  a  member  of  the  board  of  edu- 
cation. They  shall  also  have  power  to  appoint  a  superintendent 
of  school  buildings,  whose  respective  duty,  power,  salary,  and 
term  of  office  shall  be  regulated  and  determined  by  the  board  of 
education,  and  to  employ,  under  the  superintendent  of  school 
buildings,  necessary  workmen,  and  provide  necessary  materials 
for  repairing,  altering,  and  enlarging  school  or  other  buildings. 
The  superintendent  of  buildings  shall  devote  his  entire  time  to 
the  discharge  of  the  duties  of  his  position. 

SEC.  9. — President. — That  it  shall  be  the  duty  of  the  president 
to  preside  at  all  meetings  of  the  board,  to  appoint  all  committees 
Whose  appointment  is  not  otherwise  provided  for,  and  to  sign  all 
warrants  ordered  by  the  board  of  education  to  be  drawn  upon 
the  city  treasurer  for  school  moneys. 

SBC.  10. — Vice  president. — That  it  shall  be  the  duty  of  the 
vice  president  to  perform  all  the  duties  of  the  president  in  case 
of  his  absence  or  disability. 

SEC.  1 1 . — Secretary. — That  it  shall  be  the  duty  of  the  secretary 
to  be  present  at  all  meetings  of  the  board,  to  keep  an  accurate 
journal  of  the  proceedings,  to  take  charge  of  its  books  and  docu- 
ments, to  countersign  all  warrants  for  school  moneys  drawn 
upon  the  city  treasurer  by  order  of  the  board,  to  apply  for  and 
receive  school  funds  from  the  county  treasurer  or  other  persons 
to  whom  such  funds  are  payable  by  law,  and  deposit  the  same 
with  the  treasurer  of  the  board,  and  to  perform  such  duties  as 
the  board  may  require.  That  before  entering  into  the  discharge 
of  his  duties  the  secretary  of  the  board  shall  give  bonds  in  the 
sum  of  not  less  than  ten  thousand  ($10,000)  dollars,  with  good 
and  sufficient  sureties,  and  shall  take  and  subscribe  an  oath  or 


SCHOOL  LAWS  OP   NEBRASKA.  Subdlv.  17. 

affirmation  before  a  proper  officer  that  he  will  support  the  con- 
stitution of  the  st-.ite  of  Nebraska,  and  faithfully  perform  the 
duties  of  his  office. 

SEC.  12. — Treasurer. — That  the  city  treasurer  of  such  city  shall 
be  ex-offido  treasurer  of  the  board  of  education.  He  shall  attend 
all  meetings  of  the  board  when  required  to  do  so,  shall  prepare 
and  submit  in  writing  a  monthly  report  of  the  state  of  its  finan- 
ces, and  shall  pay  school  money  only  upon  a  warrant  signed 
by  the  president,  or  in  his  absence  by  the  vice-president,  and  coun- 
tersigned by  the  secretary.  He  shall  give' bond,  payable  to  the 
board  of  education,  an  amount  equal  to  the  sum  that  may  be  in 
his  possession  at  any  one  time,  of  moneys  belonging  to  or  under 
the  control  of  the  board  of  education  but  such  sum  shall  not  be 
less  than  the  maximum  sum  that  may  be  in  his  possession  at  any 
time  of  moneys  belonging  to  or  under  the  control  of  the  board 
of  education,  and  the  said  bond  shall  be  signed  by  one  or  more 
surety  companies  of  recognized  responsibility,  and  the  cost  of 
which  bond  shall  be  paid  by  the  school  district. 

SEC.  13. — Vacancies  in  board. — That  the  boards  of  education 
shall  have  power  to  fill  any  vacancy  which  may  occur  in  their 
body,  provided  that  any  vacancy  occurring  more  than  ten  days 
previous  to  the  annual  school  election  and  leaving  an  unexpired 
term  for  more  than  one  year  shall  be  filled  at  the  first  school 
election  thereafter,  and  the  ballots  and  returns  shall  be  desig- 
nated as  follows:  "To  fill  unexpired  term." 

SEC.  14. — Quorum. — That  a  majority  of  all  the  members  of 
each  board  of  education  shall  constitute  a  quorum,  but  a  less 
number  in  attendance  at  any  regular  meeting  shall  have,  and 
a  quorum  at  any  special  meeting  may  have,  power  to  compel  the 
attendance  of  absent  members  in  such  manner  and  under  such 
penalties  as  each  board  shall  see  fit  to  prescribe;  and  the 
absence  of  any  member  from  four  consecutive  regular  meetings 
of  the  board,  unless  on  account  of  sickness  or  by  consent  of  the 
board,  shall  vacate  his  position  on  the  board,  which  fact  shall  be 
passed  upon  by  the  board  of  education  and  spread  upon  their 
records. 

SEC.  15. — Accounts— Expenditures. — That  all  accounts  shall 
be  audited  by  the  secretary,  approved  by  a  committee  to  be  styled 
the  committee  on  claims  and  no  expenditures  greater  than  one 
thousand  dollars  ($1,000)  shall  be  voted  by  the  board,  except  in 
accordance  with  the  provisions  of  a  written  contract,  nor  shall 
any  money  be  appropriated  out  of  the  school  fund  except  on  a 
recorded  affirmative  vote  of  a  majority  of  all  the  members  of  the 
board  and  said  accounts  and  the  records  of  said  board  in  all 


Subdiv.  17.          SCHOOLS  IN  METROPOLITAN  CITIES.  Ill 

metropolitan  cities  shall  at  all  times  be  subject  to  the  inspection 
and  examination  of  the  comptroller  of  such  city,  whose  duty  it 
shall  be  each  month  to  examine  said  records  and  check  said  ac- 
counts, and  from  time  to  time  as  may  be  required  by  ordinance 
or  resolution  of  the  city  council,  report  to  said  council  the  nature 
and  state  of  said  accounts  and  any  facts  that  may  be  required 
concerning  said  records. 

SEC.  1 6. — Census. — That  the  boards  of  education  shall  annually 
cause  to  be  taken  an  enumeration  of  all  persons  between  the 
ages  of  five  and  twenty-one  years,  residing  in  the  district,  and 
shall  report  the  same,  together  with  such  other  information  as 
required  by  sections  twelve  and  seventeen  of  subdivision  four  of 
the  general  school  laws  of  Nebraska,  to  the  county  superintend- 
ent of  public  instruction  at  the  time  specified  by  law  for  like 
returns  in  other  districts. 

SEC.  17. — Teachers'  certificates. — That  all  persons  making 
applications  to  boards  of  education  a«  teachers  in  graded  and 
high  schools  therein  shall  be  required  to  produce  a  legal  certi- 
ficate given  by  some  authority  authorized  to  grant  teachers' 
certificates,  or  from  an  examining  committee  appointed  by  the 
board.  And  for  such  purpose  the  board  of  education  is  author- 
ized to  appoint  three  competent  persons  at  such  time  as  may  be 
deemed  expedient,  who  shall  be  styled  the  examining  committee 
of  the  board  of  education,  and  whose  duty  it  shall  be  to  examine 
all  persons  .who  may  apply  to  them  as  teachers ;  and  teachers  re- 
ceiving such  certificates,  setting  forth  that  such  person  is  com- 
petent to  teach  in  the  public  schools  of  the  city,  and  is  a  person 
of  good  moral  character,  shall  be  entitled  to  all  the  benefits  aris- 
ing from  a  certificate  issued  to  any  teacher  under  the  laws  of  this 
state.  Any  certificate  granted  by  such  committee  may  be  re- 
voked by  the  board  of  education  for  any  reason  which  would 
have  justified  the  withholding  thereof  when  the  same  was 
granted,  or  for  gross  negligence  of  duty,  incompetency,  or  im- 
morality. 

SEO.  18. — Board  interested  in  contract. —That  it  shall  be 
unlawful  for  any  member  of  the  board  of  education  to  have  any 
pecuniary  interest,  either  directly  or  indirectly,  in  any  contract 
for  the  erection  of  sohoolhouses,  or  for  warming,  ventilating, 
furnishing,  or  repairing  the  same,  or  be  in  any  manner  connected 
with  the  furnishing  of  supplies  for  the  maintenance  of  the 
schools. 

SEC.  19. — Sale  of  property. —That  no  school  property  of  any 
kind  shall  be  sold  by  the  board  of  education  except  at  a  regular 


112  SCHOOL   LAWS   OF    NEBRASKA.  Subdiv.  17. 

meeting  of  the  same,  and  not  then  without  an  affirmative 
recorded  vote  of  at  least  two-thirds  of  the  members  of  the  board. 

SEO.  20. — Payment  of  debts. — That  each  of  the  school  districts 
provided  for  in  section  one  of  this  act  shall  have  the  power,  and 
it  shall  be  the  duty  of  the  board  of  education,  to  provide  for  the 
payment  of  debts  created  by  school  districts  or  other  school 
organizations,  superseded  by  the  districts  herein  provided  for, 
when  such  debts  shall  have  been  incurred  in  the  erection  of 
schoolhouses  or  for  other  school  purposes.  If  any  portion  of 
such  debt  shall  be  in  the  form  of  bonds,  if  issued  for  a  valuable 
consideration,  the  holder  or  holders  thereof,  on  surrendering  the 
same  to  the  said  board,  shall  have  the  right  to  demand,  and  it 
shall  be  the  duty  of  said  board,  in  the  name  of  the  district  cre- 
ated by  this  act,  to  cause  to  be  issued  other  bonds  of  like  amount 
of  tenor  and  effect  as  to  payment  of  principal  and  interest  as 
the  bonds  surrendered.  This  provision  shall  also  apply  to  cases 
where  only  a  part  of  a  district  embraced  within  the  district 
created  by  this  act,  whenever  said  fractional  part  shall  become 
a  part  of  said  district,  as  provided  for  in  section  one  of  this  act; 
Provided,  The  latter  [sihall]  assume  and  pay  only  such  propor- 
tion of  the  debt  of  the  divided  district  as  the  assessed  valuation 
•  of  the  part  taken  therefrom  shall  bear  to  the  assessed  valuation 
of  the  part  remaining.  In  case  of  a  division  of  one  or  more 
school  districts  within  the  limits  of  a  metropolitan  city,  it  shall 
be  the  duty  of  the  county  superintendent  of  public  instruction, 
the  president  of  the  board  of  education,  and  the  director  of  the 
school  district,  to  appraise  and  adjust  all  claims  or  assets  in 
such  manner  that  each  district  shall  bear  its  proportion  of  the 
indebtedness,  as  heretofore  provided,  and  have  its  proportion 
of  said  assets  of  said  district. 

SEC.  21. — Estimate  of  expenses. — That  the  board  of  educa- 
tion shall,  annually,  during  the  month  of  January,  estimate  the 
amount  of  resources  likely  to  be  received  for  school  purposes, 
including  the  amounts  available  from  fines,  licenses,  and  other 
sources;  they  shall  report  during  the  month  of  January  to  the 
city  council  the  number  of  mills  tax  on  the  dollar  deemed  neces- 
sary to  be  levied  upon  all  taxable  property  of  the  district,  during 
the  fiscal  year  next  ensuing,  for  the  support  of  the  schools,  for 
the  purchase  of  school  sites,  for  the  erection  and  furnishing  of 
school  buildings,  for  the  payment  of  interest  upon  all  bonds 
issued  for  school  purposes,  and  for  the  creation  of  a  sinking 
fund  for  the  payment  of  such  indebtedness;  and  the  city  council 


Subdiv/17.          SCHOOLS  IN  METROPOLITAN  CITIES.  113 

is  hereby  authorized,  directed,  and  required  to  levy  and  collect 
the  number  of  mills  tax  so  reported  and  demanded  by  the  board 
of  education  in  the  same  manner  as  other  taxes  are  levied  and 
collected;  Provided,  however,  that  in  case  the  purchase  of  sdhool 
sites  and  the  erection  of  buildings  shall  require  an  expenditure 
exceeding  twenty-five  thousand  dollars  (|25,000)  for  any  one 
calendar  year,  the  question  shall  be  submitted  to  a  vote  of  the 
electors  of  the  said  district. 

SEC.  22. — Maximum  tax. — That  the  aggregate  school  tax  shall 
in  no  one  year  exceed  two  per  cent  upon  all  the  taxable  property 
of  the  district. 

SEC.  23. — Payment.— That  all  taxes  collected  for  the  benefit  of 
the  public  schools  shall  be  paid  in  money,  and  shall  be  subject 
to  the  order  of  the  board  of  education. 

SEC.  24. — Bonds. — That  the  board  of  education  may  borrow 
money  upon  the  bonds,  which  they  are  hereby  authorized  and 
empowered  to  issue,  bearing  a  rate  of  interest  not  exceeding  six 
(6#)  per  centum  per  annum,  payable  annually  or  semi-annually, 
at  such  place  as  may  be  mentioned  upon  the  face  of  such  bonds ; 
which  loan  shall  be  paid  and  reimbuirsed  in  a  period  not  exceed- 
ing thirty  (30)  years  from  the  date  of  said  bonds;  Provided,  That 
no  bonds  shall  be  issued  nor  question  of  issue  be  submitted  to 
the  electors  without  the  consent  of  two  thirds  (f )  of  the  members 
of  the  board  of  education,  and  be  offered  in  open  market,  and 
sold  to  the  highest  bidder,  for  not  less  than  par  value  on  each 
dollar;  And  provided  further,  That  no  bonds  shall  be  issued  by 
the  board  of  education  without  first  submitting  the  proposition 
of  issuing  said  bonds,  at  an  election  called  for  that  purpose,  or 
at  any  regular  election,  notice  whereof  shall  be  given  for  at  least 
ten  (10)  days  in  one  or  more  daily  papers  published  within  the 
district,  to  the  qualified  voters  of  the  district,  and  if  a  majority 
of  all  the  ballots  cast  upon  said  bond  proposition  at  such  an 
election  shall  be  for  issuing  bonds,  said  bo'ard  may  issue  bonds 
in  such  an  amount  as  shall  be  named  in  their  election  notice. 

SEC.  25. — Description. — That  in  case  the  electors  shall  sanction 
the  issuing  of  said  bonds,  in  manner  herein  provided  for,  then 
the  said  board  of  education  may  cause  to  be  prepared  and  issue 
the  same  under  the  provisions  of  this  act,  and  the  said  bonds 
shall  express  on  their  face  that  they  are  issued  in  pursuance  of 
this  act,  and  shall  be  signed  by  the  president  and  secretary  of 

SEC.  25.  Majority  of  all  votes  cast  at  election  necessary.  Need  not  be  ac- 
companied by  provision  to  levy  tax  to  pay  interest.  29  Neb.,  460. 


SCHOOL  LAWS  OF   NEBRASKA.  Subdiv.  17. 

the  board  of  education,  shall  specify  the  rate  of  interest,  the 
time  when  the  principal  and  interest  shall  be  paid,  the  place  of 
such  payment,  and  each  bond  when  go  issued  shall  not  be  for  a 
less  stun  than  fifty  ($50)  dollars. 

SEO.  26. — Payment. — That  the  board  of  education  is  hereby 
authorized  and  required  to  provide,  before  the  same  shall  be- 
come due,  for  the  interest  on  all  bonds  issued  by  the  district; 
they  shall  also,  immediately  after  the  expiration  of  one-half  of 
the  time  for  which  said  bonds  are  issued,  proceed  to  set  apart 
each  year,  for  a  sinking  fund,  a  requisite  amount  or  proportion 
sufficient  to  pay  the  principal  of  said  bonds  when  they  shall  be- 
come due.  All  moneys  set  apart  for  said  sinking  fund  shall  be 
invested: 

(1)  In  the  purchase  of  and  redemption  of  bonds  of  the  school 
districts,  which  bonds  shall  be  purchased  in  open  market  in  such 
manner  as  the  board  of  education  shall  prescribe. 

(2)  In  bonds  of  the  city  constituting  the  school  district. 

(3)  In  bonds  of  the  county  wherein  such  district  is  situated. 

(4)  In  bonds  of  the  state  of  Nebraska. 

(5)  In  United  States  bonds. 

SEC.  27. — Purchase  of  immature  bonds. — That  if  it  shall  be 
deemed  advisable  by  the  board  of  education  to  purchase  bonds 
issued  under  the  provisions  of  this  act,  before  maturity,  the 
treasurer  Shall  sell  to  the  highest  bidder  in  open  market,  and  in 
a  manner  prescribed  by  the  board,  such  bonds  or  securities  as 
shall  belong  to  the  school  funds,  and  the  proceeds  thereof  Shall 
apply  to  purchase  of  bonds  herein  provided  for. 

SBC.  28. — Disposition  of  funds. — That  all  moneys  arising 
from  any  source  whatever  which,  under  any  prior  act  or  acts  of 
the  legislature  of  this  state,  are  payable  to  the  school  fund  of 
any  city  of  the  first  class  which  may  become  a  metropolitan  city, 
or  any  moneys  which  are  required  to  be  set  apart  by  the  treas- 
urer of  any  such  city  for  the  support  and  maintenance  of  any 
school  heretofore  organized  herein  under  any  general  law,  shall, 
on  and  after  the  passage  of  this  act,  be  payable  to  the  treasurer 
of  the  board  of  election,  and  shall  be  used  only  for  the  purposes 
specified  in  this  act. 

SEO.  29. — Elections. — All  elections  provided  for  in  this  act 
shall  be  held  in  the  manner  following : 

(1)  The  president  of  the  board  shall  issue  his  proclamation  to 
the  qualified  voters  of  the  school  district,  said  proclamation  to 


Subdiv.  17.          SCHOOLS  IN  METROPOLITAN  CITIES.  115 

be  published  for  at  least  ten  (10)  days  prior  to  tlie  election,  in  at 
least  one  (1)  daily  paper  of  general  circulation  in  said  school 
district,  setting  forth  the  time  when,  and  place  or  places  where, 
such  election  will  be  held,  and  a  full  and  complete  statement  of 
the  officers,  bond  proposition,  or  question  of  expenditure  to  be 
voted  on  ait  said  election. 

(2)  Election  boards. — At  the  last  regular  meeting  of  the  board 
of  education,  prior  to  the  election,  the  president  of  the  board, 
with  the  consent  of  the  board,  shall  appoint  three  (3)  judges  and 
two  (2)  clerks  of  election  for  each  election  district  in  said  metro- 
politan city,  who,  before  entering  upon  their  duties  as  such  offi- 
cers, shall  take  the  usual  oath  or  affirmation  of  office  before 
some  person  authorized  by  law  to  administer  oaths,  and  such 
oath  or  affirmation  shall  be  filed  with  the  secretary  of  the  board. 

(3)  Vacancy,  how  filled. — If  any  person  so  appointed  shall 
not  attend  at  the  time  and  place  of  holding  such  election,  or 
shall  fail  or  refuse  to  qualify  as  above  provided,  the  electors 
present,  at  the  polls  at  the  hour  of  eight  (8)  o'clock  a.m.  on  the 
day  of  the  election  shall  choose  some  one  to  fill  the  vacancy, 
and  the  person  thus  chosen  shall  qualify  as  before  provided. 

(4)  Poll  books. — The   secretary  of  the  board  shall  prepare 
duplicate  poll  books  for  each  election  district  in  the  metropoli- 
tan city  comprised  within  the  school  district,  and  on  the  morning 
of  the  election  shall  deliver  such  poll  books,  together  with  a 
ballot  box,  into  the  hands  of  some  one  of  the  judges  or  clerks  of 
election  in  the  several  election  districts. 

The  poll  books  shall  be  in  manner  and  form  as  follows : 

Poll  books  of  a  school  election  held  in  the election 

district  of  the. ward  in  the  city  of 

county  of Nebraska,  on  the day  of 

189   [190] . .,  at  which  time and 

and were  judges,  and and 

were  clerks  of  said  election.  The  following  named  persons  vot- 
ing thereat :  

Each  clerk  shall  take  one  of  the  poll  books  and  enter  therein 
the  names  of  the  persons  voting  and  the  order  in  which  they 
voted.  At  the  close  of  the  election  the  judges  shall  compare  the 
lists,  and  if  found  correct  they  shall  certify  the  same  to  be  a  true 
list  of  the  persons  voting  at  said  election.  At  all  elections  held 
under  the  provisions  of  this  act  the  registration  lists  of  the  last 
city  election  shall  be  used  without  revision,  unless  said  elections 


SCHOOL  LAWS  OP   NEBRASKA.  Subdiv.  17. 

provided  for  in  this  act  shall  be  held  at  the  same  time  and  place 
as  a  city,  county,  or  state  election,  in  which  case  the  registration 
lists  of  the  city,  as  revised  for  said  city,  county,  or  state  election, 
shall  be  used.  And  it  shall  be,  and  is  hereby,  made  the  duty  of 
the  city  clerk  of  the  metropolitan  city  comprised  within  the 
school  district  to  deliver  the  registration  lists  of  the  city  for  each 
election  district,  respectively,  into  the  hands  of  some  one  of  the 
judges  or  clerks  of  election  in  said  election  district  before  eight 
(8)  A.  M.  on  the  day  of  said  election,  for  use  at  said  election,  said 
delivery  to  be  made  at  the  expense  of  the  school  district. 

(5)  Opening  the  polls. — Immediately  before  the  opening  of 
the  polls  the  judges  shall  open  the  ballot  box  at  the  place  of 
holding  the  election,  and  in  the  presence  of  the  electors,  and 
shall  see  that  no  ballots  are  contained  therein,  after  which  the 
box-  shall  be  closed.     The  judges  shall  then  declare  the  polls 
open,  and  shall  proceed  to  take  the  ballot  of  any  person  offering 
to  vote,  and  if  such  person's  name  is,  by  at  least  two  (2)  of  said 
judges,  found  upon  at  least  two  (2)  of  said  registers  as  a  quali- 
fied voter,  the  ballot  shall  be  put  into  the  ballot  box  without  the 
name  or  the  names  thereon  being  inspected.  The  ballot  box  shall 
be  kept  locked  and  in  the  presence  of  the  electors  until  the  close 
of  the  polls.     No  more  than  one  (1)  of  the  judges  shall  be  ab- 
sent at  the  same  time  from  the  room  where  the  election  is  being 
held,  from  the  time  of  opening  the  polls  until  the  votes  shall 
have  been  counted  and  canvassed. 

(6)  Canvass. — The  judge?  and  clerks  shall  commence  to  can- 
vass by  counting  the  votes  polled,  and  if  the  number  cast  exceed 
the  number  of  persons  voting,  the  ballots  shall  be  replaced  in 
the  box,  and  after  being  mixed,  as  many  ballots  shall  be  drawn 
out  and  rejected  as  there  shall  have  been  cast  exceeding  the  num- 
ber of  names  on  the  poll  books.    If  the  judges  find  two  or  more 
ballots  rolled  o^  folded  together,  they  shall  reject  all  of  such 
votes  as  fraudulent,  and  if  a  ballot  contains  more  than  one  (1) 
name  for  any  one  office,  it  shall  be  deemed  fraudulent  as  to  all 
the  names  for  that  office,  but  no  further. 

(7)  List  of  voters. — The  clerks  shall  set  down  in  their  poll 
books  the  name  of  every  person  voted  for,  and  the  office  for 
which  such  person  received  votes,  every  bond  proposition  and 
every  question  of  expenditure  written  in  full,  with  the  number 
of  votes  received  for  such  persons  and  the  number  of  votes  cast 
for  and  against  said  bond  proposition  or  question  of  expenditure, 


Subdiv.  17.         SCHOOLS  IN  METROPOLITAN  CITIES.  117 

such  number  to  be  expressed  in  words  at  full  length,  and  the 
judges  and  clerks  shall  certify  to  the  correctness  of  the  some. 

(8)  Deposit  of  ballots.— The  judges  of  election  shall  then 
select  some  one  of  the  judges  or  clerks  as  messenger,  and  such 
messenger  shall  convey  the  registry  list,  poll  books,  and  ballot 
box,  with  the  ballots  all  replaced  therein,  to  the  office  of  the 
board  of  education  within  twenty-four  (24)  hours  after  the  clos- 
ing of  the  polls,  and  said  ballots  shall  be  kept  in  said  office  and 
subject  to  the  inspection  of  any  elector  for  the  space  of  six  (6) 
months. 

(9)  Maintenance  of  order  at  polls. — The  judges  of  election 
shall  possess  full  power  and  authority  to  maintain  order  during 
any  election,  and  during  the  canvass  of  the  votes,  and  may  call 
on  any  person  present  to  assist  in  maintaining  order;  and  if  any 
person  shall  refuse  to  obey  the  reasonable  order  of  the  judges,  or 
shall  in  any  manner  interfere  with  the  judges  or  clerks  of  elec- 
tion, or  any  of  them,  in  the  discharge  of  their  duties,  such  person 
shall  be  arrested,  and  on  conviction  thereof  shall  be  fined  not 
less  than  one  (1)  dollar  nor  more  than  fifty  (50)  dollars,  and  in 
addition  thereto  may,  in  the  discretion  of  the  court,  be  impris- 
oned not  to  exceed  thirty  (30)  days  for  every  such  offense. 

(10)  Canvass  of  returns. — That  the  board  of  education  shall 
hold  a  meeting  at  the  hour  of  8  P.  M.  of  the  Monday  succeeding 
any  election  provided  for  in  this  act,  at  which  time  the  secretary 
of  the  board,  in  the  presence  of  the  board  and  two  disinterested 
electors,  shall  open  the  election   returns,  and  the  board  shall 
thereupon  canvass  the  same  and  declare  the  result  of  the  elec- 
tion a«  shown  thereby,  and  the  secretary  of  the  board  shall  issue 
certificates  of  election  to  such  persons  as  may  be  declared  elected 
members  of  the  board  of  education. 

(11)  Special  elections. — Elections  provided  for  by  this  act 
other  than  elections  for  members  of  the  board  of  education  may 
be  held  at  any  time  or  place  in  such  metropolitan  city  decided  on 
by  a  vote  of  all  the  members  of  the  board;  Provided,  That  at  all 
elections  held  under  this  act  there  shall  be  one  polling  place  in 
each  election  district  of  the  city  comprised  within  the  school 
district. 

(12)  Vote  of  women. — At  elections  for  members  of  the  board 
of  education  women  may  vote  after  taking  the  following  oath, 
to  be  administered  by  one  of  the  judges  of  election: 

Oath. — You  do  solemnly  swear  (or  affirm)  that  you  are  twenty- 


118  SCHOOL  LAWS  OF   NEBRASKA.  SubdiV.  17. 

one  (21)  years  of  age;  that  you  have  resided  in  this  school  dis- 
trict for  forty  (40)  days  last  past;  that  you  own  real  property 
in  the  district  or  personal  property  that  was  assessed  in  your 
name  at  the  last  assessment,  or  have  children  of  school  age 
residing  in  the  district,  so  help  you  God." 

(13)  Affidavit  of  non-registered  voter. — Any  person  offering 
to  vote  whose  name  is  not  found  on  two  of  said  registers  shall 
furnish  to  the  said  judges  of  election  his  affidavit,  subscribed  and 
sworn  to  before  the  secretary  of  the  board  of  education,  or  be- 
fore the  city  clerk  or  some  person  designated  therefor  by  the 
mayor  of  any  city  comprised  within  the  school  district,  giving 
his  reason  for  not  appearing  before  the  supervisors  of  registra- 
tion on  any  day  of  registration  or  revision  of  registration,  and 
shall  also  set  forth  in  suid  affidavit  his  place  of  residence,  and 
the  facets  neoessary  to  show  that  he  is  a  qualified  voter  in  said 
election  district,  and  shall  prove  before  said  judges,  by  the  affi- 
davit on  oath  of  at  least  two  freehoWLers,  residents  of  said  elec- 
tion district  in  which  he  offers  his  vote,  for  at  least  one  year 
immediately  preceding  said  election,  that  they  know  such  person 
to  be  an  inhabitant  and  qualified  voter  of  said  precinct,  and 
upon  filing  said  affidavit  with  said  judges,  and  making  the  proof 
herein  required,  such  person  shall  be  entitled  to  vote.  Any  per- 
son offering  to  vote  at  any  election  herein  provided  for  may  be 
challenged  and  the  same  oaths  shall  be  put  as  are  provided  in 
the  general  election  law. 

SEC.  30. — Acts  repealed. — That  all  acts  and  parts  of  acts  in- 
consistent with  this  act  (including  an  act  of  the  legislature  of 
the  state  of  Nebraska,  entitled  "An  act  relative  to  public  schools 
in  metropolitan  cities,"  approved  March  31,  1887,  and  all  acts 
amendatory  thereof)  be  and  the  same  are  hereby  repealed. 

SBC.  31. — Training  school.— Boards  of  education  in  cities  of 
metropolitan  class  may,  in  their  discretion,  maintain  a  teachers' 
training  school  for  the  training  of  teachers  for  their  own 
schools,  and  nothing  in  this  act  shall  curtail  the  right  or  legality 
of  cities  of  the  metropolitan  class  to  support  and  maintain  the 
same. 


Subdiv.  18. 


TEXT-BOOKS    AND    SUPPLIES. 


119 


SUBDIVISION  XVIIL— TEXT-BOOKS  AND  SUPPLIES. 


1.  Purchase  of  books  by  board. 

2.  Bond     of     publisher— Statement 

prices. 
2.  Payment  for  books. 

4.  Same. 

5.  School  book  trusts. 


of 


6.  Price  lists. 

7.  Contract,  form  of. 

8.  Violation  of  contract. 

9.  Property  in  books — Damages. 
10.  School  supplies— Local  dealers. 


SECTION  1.— Purchase  of  books  by  board.— District  school 
boards  and  boards  of  trustees  of  high  school  districts,  and  boards 
of  education  in  cities  of  the  first  and  second  class,  and  in  cities 
of  the  metropolitan  class,  are  hereby  empowered  and  it  is  made 
their  duty  to  purchase  all  text  books  necessary  for  the  schools 
of  such  district,  and  they  are  further  authorized  to  enter  into 
contract  as  hereinafter  provided  with  the  publishers  of  such 
books  for  a  term  of  years,  not  to  exceed  five  (5)  ;  Provided, 
That  the  contract  prices  of  such  books  shall  not  exceed  the  lowest 
price  then  granted  to  any  dealer,  state,  county,  township,  school 
district,  or  other  individual  or  corporation  in  the  United  States 
to  be  determined  as  hereinafter  provided ;  And  Provided  further, 
That  such  contract  shall  guarantee  to  such  districts  any  further 
reduction  that  may  be  granted  elsewhere  during  the  life  of  such 
contract. 

SEO.  2. — Bond  of  publisher. — Before  any  publisher  of  school 
books  shall  be  permitted  to  enter  into  contract  with  any  school 
district  under  the  provisions  of  this  act,  he  shall  file  with  the 
state  superintendent  of  public  instruction,  to  be  approved  by 
him,  a  good  and  sufficient  bond  in  the  sum  of  two  thousand 
($2,000)  to  twenty  thousand  (f 20,000)  dollars  for  the  faithful  per- 
formance of  the  conditions  of  such  contracts,  and  the  observ- 
ance of  the  requirements  of  this  act ;  and  such  publisher  shall 
also  file  with  the  state  superintendent  of  public  instruction  a 
sworn  statement  of  the  lowest  prices  for  which  his  series  of  text- 
books are  sold  anywhere  in  the  United  States;  and  a  failure  to 
file  such  bond  and  sworn  statement  of  prices  shall  be  a  good  and 
valid,  defense  on  the  part  of  the  district  against  payment  for 
any  books  that  may  be  sold  by  such  publisher  prior  to  the  date 
of  filing  such  bond  and  sworn  statement  of  prices;  and  all  such 
contracts  to  which  such  publisher  is  a  party  made  subsequent  to 
the  passage  of  this  act  and  prior  to  filing  such  bond  and  sworn 
statement  of  prices  sh-all  be  null  and  void. 

SEC.  1.  A  writ  of  mandamus  will  not  issue  where  it  is  not  within  the  power 
of  the  respondents  lawfully  to  comply  therewith,  or  where  it  would  otherwise 
be  unavailing.  46  Neb.,  857.  See  51  Neb.,  91. 


120  SCHOOL    LAWS    OP    NEBRASKA.  Subdlv.  18. 

SEC.  3. — Payment  for  books. — For  the  purpose  of  paying  for 
school  books,  the  school  district  officers  may  draw  an  order  on 
the  county  or  township  treasurer  for  the  amount  of  school  books 
ordered. 

SEC.  4. — Same. — The  county  or  township  treasurer  shall  pay 
orders,  drawn  by  school  district  officers,  for  the  purchase  of 
school  books,  out  of  any  funds  in  his  hands  belonging  to  the 
district,  except  the  money  received  from  that  derived  from  the 
teachers'  fund. 

SEC.  5. —  {JjJchool  book  trusts. — Any  contract  entered  into 
under  the  provisions  of  this  act  with  any  publisher  who  shall 
hereafter  become  a  party  to  any  combination  or  trust  for  the 
purpose  of  raising  the  price  of  school  text-books  shall,  at  the 
wish  of  the  school  board  of  the  district  using  such  books,  become 
null  and  void. 

SEC.  6. — Price  lists. — The  state  superintendent  of  public  in- 
struction shall,  within  thirty  (30)  days  after  the  filing  of  the 
hereinbefore  mentioned  sworn  statement  of  prices  of  text-books, 
have  the  same  printed  and  forward  a  sufficient  number  of  certi- 
fied copies  of  the  same  to  each  of  the  county  superintendents  of 
the  state  to  furnish  all  the  school  districts  of  such  county  with 
one  copy  of  each;  and  the  county  superintendent  shall,  immedi- 
ately after  receiving  said  certified  copies  of  prices  of  books,  send 
or  deliver  one  of  such  certified  copies  to  the  director  or  secretary 
of  each  school  district  or  board  of  education  in  such  county,  to 
be  filed  ais  a  part  of  the  records  of  such  district;  and  he  shall 
also  file  one  of  said  certified  copies  of  prices  in  his  office  as  a 
part  of  the  records  of  said  office. 

SEC.  7. — Contract,  form  of. — It  shall  be  the  duty  of  the  state 
superintendent  of  public  instruction  to  prepare  and  have 
printed  a  form  of  contract  between  district  boards  and  pub- 
lishers of  school  books,  and  to  furnish  the  same,  through  the 
county  superintendent,  to  the  several  district  boards  of  the 
state;  and  no  other  form  of  contract  shall  be  used  by  such 
district  boards  and  publishers  in  carrying  out  the^provisions  of 
this  act. 

SEC.  8. — Violation  of  contract. — Upon  the  filing  of  a  written 
complaint  with  the  state  superintendent  of  public  instruction 
by  the  officers  of  any  district  board,  charging  any  publisher  with 

SECS.  3,  4.  By  decision  of  the  attorney  general  the  provisions  of  this  section 
authorizing  the  district  board  to  "draw  an  order  on  the  county  or  township 
treasurer"  in  payment  of  l-ills  for  books  being  inconsistent  with  another  statute 
Is  inoperative.  Such  order  must  be  drawn  on  the  district  treasurer.  See  19 
Neb.,  564. 


Subdiy.  19.  STATE  UNIVERSITY. 

violating  the  conditions  of  such  contract  as  hereinbefore  men- 
tioned, the  attorney  general  is  hereby  instructed,  and  it  slhall  be 
Ms  duty,  to  investigate  the  same,  and  if  he  finds  probable  cause 
for  action  he  shall  immediately  begin  proceedings  in  the  name  of 
the  state  to  enforce  the  liability  on  the  bond  hereinbefore  men- 
tioned. 

SEC.  9. — Property  in  books. — All  books  purchased  by  district 
boards,  as  hereinbefore  mentioned,  shall  be  held  as  the  property 
of  the  district,  and  loaned  to  pupils  of  the  school  while  pursuing 
a  course  of  study  therein  free  of  charge;  but  the  district  boards 
shall  hold  such  pupils  responsible  for  any  damage  to,  loss  of,  or 
failure  to  return  sucl  books  at  the  time  and  to  the  person  that 
may  be  designated  by  the  board  of  such  district. 

SEC.  10. — Supplies. — The  provisions  of  this  act  shall  include 
all  school  supplies;  Provided,  That  nothing  in  this  act  shall  be 
construed  to  prohibit  any  pupil  or  parent  from  purchasing  from 
the  board  such  books  as  may  be  necessary,  at  cost  to  the  dis- 
trict ;  Provided  further,  That  the  board  may  designate  some  local 
dealer  to  handle  books  for  the  district,  with  such  an  increase 
above  contract  price,  to  pay  cost  of  transportation  and  handling, 
as  may  be  agreed  upon  between  said  board  and  said  dealer. 


SUBDIVISION  XIX.— STATE  UNIVERSITY. 


1.  Name— Establishment. 

2.  Object. 

3.  Government— Board  of  regents. 

4.  Board  of  regents,  powers. 

5.  Chancellor,  professors,   etc. 

5a.  State  botanist,   geologist,   chemist, 

and  entomologist. 
56.  Same— Duties. 
5c.  Same — Compensation. 

6.  Colleges. 

7.  Chairs  of  instruction. 

8.  Model  farm— Lands. 

9.  Location. 

10.  Tutors. 

11.  Colleges— Government. 

12.  Degrees— Diplomas. 

13.  Admission  of  pupils— Fees— Library 

fund. 

14.  Tuition,  when  free. 

15.  Text  books— Aid  to  students. 

16.  Students— No  distinctions. 

17.  Scientific  courses— Attendance. 


18.  Regents'  report. 

19.  Funds. 

20.  (Repealed.) 

21.  Board    of    regents— Meetings— Com- 

pensation. 

22.  Buildings— Plans. 

23.  Powers— Chancellor— Professors. 

24.  Treasurer. 

25.  Disbursements. 

26.  (Repealed.) 

27.  Cadets. 

28.  Officers. 

29.  Same— Graduates. 

30.  Arms,  equipments,  etc. 

31.  Officers,  selection. 
31a.  Reports. 

32.  Agricultural     experiment     station- 

Preamble— Acceptance  by  state. 

33.  Assent  given. 

34.  Appropriation. 

35.  Trustees— Treasurer— Powers. 

36.  Appropriation. 


SECTION  1. — Name  —  Establishment. — That  there  shall  be 
established  in  this  state  an  institution  under  the  name  and  style 
of  "The  University  of  Nebraska." 

SEC.  9.  Text-books,  being  the  property  of  the  district,  are  under  the  care 
of  the  board;  the  board  may  determine  whether  pupils  may  take  books  home 
for  purposes  of  study. 


122  SCHOOL'  LAWS   OF   NEBRASKA.  Subdiv.  19. 

SEC.  2.— Object.— The  object  of  such  institution  shall  be  to 
afford  to  the  inhabitants  of  this  state  the  means  of  acquiring  a 
thorough  knowledge  of  the  various  branches  of  literature, 
science,  and  the  arts. 

SEC.  3.— Government — Board  of  regents.— The  general  gov- 
ernment of  the  university  shall  be  vested  in  a  board  of  six 
regents,  elected  by  the  electors  of  the  state  at  large,  according 
to  the  provisions  of  the  constitution  of  1875.  Vacancies  occur- 
ring in  the  board  between  one  general  election  and  another  may 
be  filled  by  the  governor;  Provided  always,  That  any  person  thus 
appointed  to  fill  a  vacancy  shall  hold  his  office  until  the  next 
general  election  succeeding  his  appointment,  and  no  longer. 

SEC.  4. — Board  of  regents,  powers.— The  b  :ard  of  regents 
shall  have  full  power  to  appoint  their  own  presiding  officer  and 
secretary.  And  they  shall  constitute  a  body  corporate,  to  be 
known  as  "The  Regents  of  the  University  of  Nebraska,"  and  as 
such  may  sue  and  be  sued,  and  may  make  and  use  a  common 
seal,  and  alter  the  same  at  pleasure.  They  may  acquire  real  and 
personal  property  for  the  use  of  the  university,  and  may  dispose 
of  the  same  whenever  the  university  can  be  advantaged  thereby ; 
Provided,  They  shall  never  dispose  of  grounds  upon  which  build- 
ings of  the  university  are  located,  without  consent  of  the  legis- 
lature. 

SEC.  5. — Chancellor,  professors,  etc. — The  regents  shall  have 
power,  and  it  is  hereby  made  their  duty,  to  enact  laws  for  the 
government  of  the  university;  to  elect  a  chancellor,  who  shall 
be  the  chief  educator  of  the  institution,  and  the  prescribed  num- 
ber of  professors  and  tutors,  and  a  steward;  to  prescribe  the 
duties  of  all  the  professors  and  officers,  and  to  fix  their  com- 
pensation. They  shall  have  power  to  remove  any  professor  or 
officer,  but  only  upon  the  proof  of  written  charges,  and  after 
affording  to  the  person  complained  against  an  opportunity  for 
defense. 

SEC.  5a.— State  botanist,  geologist,  chemist,  entomolo- 
gist.— That  on  and  after  the  publication  of  this  act  the  professor 
of  botany  at  the  state  university  shall  be  ex-officio  the  acting 
state  botanist;  the  professor  of  geology  shall  be  ex-officio  the 
acting  state  geologist;  the  professor  of  chemistry  shall  be  ex- 
officio  the  acting  state  chemist;  and  the  professor  of  entomology 
shall  be  ex-officlo  the  acting  state  entomologist. 

SEC.  4.  The  regents  may  sue  and  be  sued  in  matters  over  which  express 
authority  is  Driven  the  corporation,  but  cannot  maintain  an  action  to  recover 
funds  belonging  to  the  university.  5  Neb.,  428. 

SEC.  5.    See  section  23,  passed  subsequent  to  this  section. 


Subdiv.  19.  STATE  UNIVERSITY.  123 

SEO.  5b. — Same — Duties. — It  shall  be  the  duty  of  these  mem- 
bers of  the  faculty  to  give  special  attention  to  the  interests  of 
this  state  in  their  respective  departments;  to  furnish  all  infor- 
mation requested  by  any  official  of  this  state;  and  to  properly 
arrange  and  exhibit  the  collections  in  their  departments,  or 
some  portion  of  these  collections,  with  special  reference  to  show- 
ing the  varied  resources  of  this  state;  Provided,  That  this  work 
shall  be  so  conducted  as  not  to  interfere  with  the  original 
duties  as  instructors  at  the  university. 

SEO.  5c. — Same — Compensation. — No  compensation  shall  be 
claimed  or  allowed  on  account  of  services  rendered  under  the 
provisions  of  this  act. 

SEO.  6. — Colleges. — The  university  may  embrace  five  depart- 
ments, to- wit:  First — A  college  of  literature,  science,  and  art. 
Second — An  industrial  college,  embracing  agriculture,  practical 
science,  civil  engineering,  and  the  mechanic  arts.  Third — A  col- 
lege of  law.  Fourth— A  college  of  medicine.  Fifth — A  college 
of  the  fine  arts. 

SEC.  7. — Chairs  of  instruction. — The  regents  shall  be  em- 
powered to  establish  in  these  several  colleges  such  chairs  of  in- 
struction as  may  be  proper,  and  so  many  of  them  as  the  funds 
of  the  university  may  allow.  They  shall  also  be  authorized  to 
require  professors  to  perform  duties  in  more  than  one  of  the 
several  colleges,  whenever  they  shall  deem  it  wise  and  proper 
so  to  do. 

SEC.  8. — Model  farm — Lands. — The  governor  shall  set  apart 
two  sections  of  any  agricultural  college  land,  or  saline  land, 
belonging  to  the  state,  and  shall  notify  the  state  land  commis- 
sioner of  such  reservation  for  the  purpose  of  a  model  farm,  a«  a 
part  of  the  college  of  agriculture;  and  such  land,  so  set  apart, 
shall  not  be  disposed  of  for  any  other  purpose. 

SEC.  9. — Location. — The  several  buildings  of  the  university 
shall  all  be  erected  within  a  radius  of  four  miles  from  the  state 
house. 

SEC.  10. — Tutors. — The  regents  shall,  when  the  number  of  stu- 
dents in  any  particular  branch  of  study  shall  require,  elect  one  or 
more  tutors  to  give  instruction  in  such  branch  of  study;  but 
such  tutors  Shall  not  be  considered  as  belonging  to  the  faculty 
of  the  college  in  which  they  may  be  employed. 

SEC.  1 1  .—Colleges— Government. — The  immediate  govern- 
ment of  each  college  shall  be  by  its  own  faculty,  which  shall 
consist  of  the  professors  therein,  but  no  course  of  study  shall  be 


124  SCHOOL   LAWS    OF    NEBRASKA.  Subdiv.  19. 

adopted,  or  series  of  text-books  used,  without  the  approval  of 
the  board  of  regents. 

SEC.  12. — Degrees — Diplomas. — The  board  of  regents  shall 
have  exclusive  authority  to  confer  degrees  and  grant  diplomas, 
but  each  college  may,  in  its  discretion,  grant  rewards  of  merit  to 
its  own  students.  No  student  shall,  upon  graduation,  receive 
any  diploma  or  degree  unless  he  shall  have  been  recommended 
for  such  honor  by  the  faculty  of  the  college  in  which  he  shall 
have  pursued  his  studies.  The  regents  shall  also  have  power  to 
confer  the  usual  honorary  degrees  upon  other  persons  than 
graduates  of  this  university,  in  recognition  of  their  learning  or 
devotion  to  literature,  science,  or  art;  but  no  degree  shall  be 
conferred  in  consideration  of  the  payment  of  money  or  other 
.valuable  thing. 

SEC.  13. — Admission  of  pupils — Fees— Library  fund.— 
The  fee  of  admission  to  any  college  in  the  university  shall  be 
five  dollars  each  for  all  persons;  and  the  amount  arising  there- 
from, together  with  all  other  tuition  fees,  shall  be  paid  into  the 
hands  of  the  university  treasurer,  and  shall  be  held  as  a  library 
fund,  and  the  board  of  regents  shall  annually  appropriate  the 
&ame  for  the  purchase  of  books  for  the  university  library.  A 
reasonable  course  of  study  shall  be  prescribed  by  the  board  of 
regents,  precedent  to  admission,  and  no  applicant  who  shall  fail 
to  pass  an  examination  in  any  part  of  such  course  shall  be  ad- 
mitted; Provided,  Any  person  who  shall  produce  a  certificate 
from  a  county  superintendent  of  common  schools  that  he  has 
passed  honorably  through  the  course  of  study  prescribed  in  a 
high  school,  under  the  common  school  laws  of  the  state,  may  be 
admitted  without  further  examination. 

SEC.  14. — Tuition,  when  free. — All  persons  residing  within 
this  state,  and  who  shall  fill  the  requirements  of  the  preceding 
section,  may  be  admitted  to  any  organized  college  of  the  univer- 
sity, and  students  entering  the  college  of  literature,  science,  and 
art,  or  the  industrial  college,  shall  not  be  required  to  pay  any 
other  tuition  fee  than  the  matriculation  fee  during  the  term  of 
four  years.  All  other  students  in  these  colleges,  and  all  who 
elect  to  remain  under  instruction  for  a  longer  term  than  four 
years,  shall  be  required  to  pay  such  fees  as  the  board  of  regents 
may  determine.  Students  may  be  admitted  to  the  colleges  of 
law,  medicine,  and  fine  arts  upon  such  terms  and  be  required  to 
pay  such  tuition  and  fees  as  the  board  of  regents  may  determine. 
Persons  not  residents  of  this  state  may  be  admitted  to  the  priv- 


Subdiv.  19.  STATE  UNIVERSITY.  125 

ileges  of  the  university  in  any  college  or  department  thereof,  if 
otherwise  qualified,  upon  such  terms  as  to  the  payment  of  tui- 
tion and  other  fees,  in  addition  to  a  matriculation  fee,  as  the 
board  of  regents  may  prescribe. 

SEC.  15. — Text-books — Aid  to  students.— The  regents  shall 
procure  all  text-books  to  be  used  in  the  university,  and  shall  fur- 
nish them  to  students  at  cost.  The  regents  may,  upon  proper 
evidence  of  the  good  character  of  any  student,  and  his  or  her 
ambition  to  acquire  an  education  and  inability  to  provide  his  or 
her  own  means  therefor,  donate  to  such  student  all  text-books 
he  or  she  may  need,  and,  by  a  two-thirds  vote,  may  appropriate 
money  to  pay  other  expenses  for  such  student;  Provided,  such 
student  will  render  an  immediate  equivalent  in  personal  service 
for  such  appropriation,  or  give  a  sufficient  obligation  that  he  or 
she  will  reimburse  the  regents  within  five  years. 

SEC.  16. — Students — No  distinctions. — No  person  shall,  be- 
cause of  age,  sex,  color,  or  nationality,  be  deprived  of  the  privi- 
leges of  this  institution.  Provisions  shall  be  made  for  the  edu- 
cation of  females  apart  from  male  students,  in  separate 
apartments  or  buildings;  Provided,  That  persons  of  different 
sexes,  of  the  same  proficiency  of  study,  may  attend  the  regular 
college  lectures  together. 

SEC.  1 7. — Scientific  course — Attendance. — The  regents  shall 
provide  a  rule  for  attendance  upon  the  agricultural  college  and 
civil  engineering  and  scientific  courses  by  persons  whose  employ- 
ments are  such  as  to  allow  of  their  pursuit  of  study  only  a  por- 
tion of  the  year. 

SEC.  18. — Regents'  report. — The  board  of  regents  shall,  at 
least  ten  days  prior  to  the  meeting  of  each  regular  session  of  the 
legislature,  transmit  to  the  governor,  to  accompany  his  message, 
a  printed  report  of  all  their  doings  since  their  last  report,  giving 
in  detail  all  receipts  and  expenditures  of  money,  and  furnishing 
an  estimate  for  future  income  and  expenses,  a  catalogue  of  pro- 
fessors, officers,  and  students  for  the  year,  with  such  other  infor- 
mation and  recommendations  as  will  apprise  the  legislature 
fully  of  the  conditions  and  wants  of  the  university. 

SEC.  19. — Funds. — The  several  funds  for  the  support  of  the 
University  shall  be  constituted  and  designated  as  follows: 
First,  the  permanent  endowment  fund;  Second,  the  temporary 
University  fund;  Third,  the  University  cash  fun4;  Fourth,  the 
United  States  "Morrill  Fund";  Fifth,  the  United  States  Ex- 
periment Station  fund.  The  permanent  endowment  fund  shall 


126 


SCHOOL  LAWS  OF  NEBRASKA.        Subdiv.  19. 


be  kept  in  two  accounts;  in  the  first  account,  all  moneys  derived 
as  principal  from  the  sale  of  lands  donated  to  the  state  by  the 
United  States  (to  establish  and  endow  a  state  university)  under 
the  act  of  Congress  of  April  19,  1864;  in  the  second  account,  all 
moneys  derived  as  principal  from  the  sales  of  lands  donated  to 
the  state  by  the  United  States  to  provide  colleges  for  the  benefit 
of  agriculture  and  the  mechanic  arts,  by  an  act  of  Congress  ap- 
proved July  2,  1862.    All  moneys  acquired  by  the  University 
by   donation   or   bequest   (including   moneys   derived    as   prin- 
cipal from   the  sale  of  lands  or  other  property   so  acquired) 
where  no  particular  object  or  purpose  is  specified  by  the  donor 
or  devisor,  shall  belong  to  either  one  of  the  two  accounts  of  said 
permanent  fund  as  the  Board  of  Eegents  may  determine  and 
order.    Donations  or  bequests  made  for  the  benefit  of  the  Uni- 
versity (including  moneys  derived  as  principal  from  the  sale  of 
lands  or  other  property  so  acquired)  with  particular  objects  or 
uses  specified  and  the  interest  or  income  of  which  only,  is  to  be 
used,  shall  belong  to  either  of  the  said  two  accounts  of  the  per- 
manent fund,   as   the  Board  of   Regents   may   determine  and 
order.     The  interest  and  income  of  donations  made,   without 
special  objects  or  uses  specified,  may  be  used  and  applied  by 
the  Board  of  Regents  to  any  needs  of  the  University.     The  in- 
terest and  income  of  donations  made,  with  particular  objects 
and  uses  specified,  shall  be  applied  by  the  Board  of  Regents  to 
such  particular  objects  and  uses  only.    All  moneys  belonging  to 
the  permanent  University  fund  shall  be  invested  in  the  manner 
now  provided  by  law  for  the  investment  of  the  permanent  school 
fund  of  the  state,  in  the  same  kind  of  securities,  and  by  the  same 
officers  charged  with  that  duty,  in  accordance  with  the  provis- 
ions of  section  four  thousand  nine  hundred  fifteen  (4915),  being 
section  twenty-one  (21)  of  chapter  eighty  (80)  article  one  (1),  of 
the  Compiled  Statutes  of  Nebraska  1897.     The  permanent  en- 
dowment fund  shall  never  be  "appropriated  by  the  legislature, 
nor  be  expended  for  any  purpose  whatsoever. 

The  temporary  University  fund  shall  consist  of  the  proceeds 
of  investments  of  the  permanent  fund;  of  the  rental  of  the  Uni- 
versity and  agricultural  college  lands  leased,  and  the  interest 
upon  .deferred  payments  on  sales  of  the  lands  aforesaid ;  of  the 
rentals  or  income  of  lands  or  other  property  donated,  without 
particular  objects  or  uses  being  specified;  and  a  tax  of  one  mill 
upon  the  dollar  of  valuation  of  the  grand  assessment  roll  of  the 
state,  which  tax  shall  be  levied  in  the  year  1899  and  annually 
thereafter.  All  moneys  accruing  to  this  fund  are  hereby  appro- 


Subdiv.  19.  STATE  UNIVERSITY.  127 

priated  for  the  maintenance  of  the  University  including  build- 
ings and  permanent  improvements  and  the  same  may  be  applied 
by  the  Board  of  Regents  to  any  and  all  University  needs,  except 
the  income  from  donations  made  for  particular  purposes,  which 
income  shall  be  used  and  applied  as  hereinbefore  specified  only. 
The  University  cash  fund  shall  consist  of  the  matriculation 
and  diploma  fees,  registration  fees,  laboratory  fees,  tuition  fees, 
summer  "session"  or  school  fees,  and  all  other  moneys  or  fees 
collected  from  students,  by  the  authority  of  the  Board  of  Re- 
gents, for  University  purposes.  To  this  fund  shall  belong  also  all 
moneys  received  from  sales  of  live  stock,  farm  products,  dairy- 
school  products,  or  other  like  income  from  the  experiment  sta- 
tion farm.    The  moneys  accruing  to  this  fund  shall  be  used  for 
the  following  purposes  exclusively:  the  matriculation  and  di- 
ploma  fees,   for  the   purchase   of    books,    for  the   University 
libraries;  the  registration  and  summer  school  fees,  to  assist  the 
maintenance  of  the  summer  school,  school  of  agriculture,  or 
other  special  schools;  the  laboratory  fees,  for  laboratory  ex- 
penses and  the  purchase  of  laboratory  apparatus  and  supplies; 
the  tuition  fees,  for  instruction  in  and  expenses  of  the  various 
colleges  or  schools  for  which  the  same  are  collected;  the  income 
from  the  farm,  for  the  general  expenses  and  up  keep  of  the 
farm,  its  stock  and  equipment,  farm  labor,  and  minor  repairs  to 
farm  property.     All  moneys  accruing  to  the  University  cash 
fund  are  hereby  appropriated  to  the  specific  uses  hereinbefore 
mentioned  and  shall  at  all  times  be  subject  to  the  orders  of  the 
Board  of  Regents  accordingly;  Provided,  that  no  warrant  shall 
be  issued  against  said  fund  unless  there  is  money  in  the  hands 
of  the  state  treasurer  sufficient  to  pay  the  same.    The  Board  of 
Regents  shall  cause  all  moneys  which  are  received  by  its  au- 
thority at  the  University,  from  the  students  thereof  for  any 
purpose  mentioned  in  this  chapter,  also  all  moneys  received  at 
the  University  by  the  authority  of  said  Board,  from  sales  of 
farm  products,  stock  or  other  property,  to  be  paid  over  from 
time  to  time  as  the  same  are  received,  to  the  state  treasurer  to 
be  placed  to  the  credit  of  the  proper  fund.    Provided,  that  the 
said  Board  of  Regents  may  retain  in  its  possession,  until  the 
close  of  the  summer  school  in  each  year,  a  sufficient  sum  out  of 
said  moneys,  to  make  settlement  with  students  having  money 
on  deposit  for  expenses  in  the  various  laboratories,  to  make 
equitable  adjustment  with  students,  who,  having  paid  tuition 
or  other  fees  in  advance,  may  be  necessarily  called  away  from 
the  institution  for  an  indefinite  period,  and  to  provide  against 


SCHOOL    LAWS    OF    NEBRASKA.  Subdiv.  19. 

other  like  contingencies.  The  said  Board  of  Regents  may  re- 
quire its  secretary,  in  addition  to  his  other  duties,  to  perform 
all  acts  necessary  to  carry  into  effect  the  provisions  of  this  sec- 
tion relating  to  the  University  cash  fund  and  the  moneys  belong- 
ing thereto. 

The  United  States  "Morrill  Fund"  shall  consist  of  all  moneys 
appropriated  by  the  United  States  to  this  state  for  its  University 
to  aid  instruction  and  to  furnish  the  facilities  for  instruction 
in  certain  branches  in  accordance  with  the  provisions  of  an  act 
of  Congress  approved  August  30,  1890,  entitled,  "An  act  to 
apply  a  portion  of  the  proceeds  of  the  public  lands  to  the  more 
complete  endowment  and  support  of  the  colleges  for  the  benefit 
of  agriculture  and  the  mechanic  arts  established  under  the  pro- 
visions of  an  act  of  Congress  approved  July  2,  1862"  and  acts 
supplemental  thereto.  The  said  fund  shall  be  applied  exclu- 
sively to  the  uses  and  purposes  prescribed  by  the  act  or  acts  of 
Congress  relating  thereto,  and  said  fund  is  hereby  appropriated 
accordingly  and  shall  at  all  times  be  subject  to  the  orders  of 
the  Board  of  Regents  for  the  purpose  specified  by  act  of  Con- 
gress only. 

The  agricultural  experiment  station  fund  shall  consist  of  all 
moneys  which  may  come  into  the  possession  of  the  State  treas- 
urer on  and  after  July  1st,  1899  accruing  under  an  act  of  Con- 
gress approved  March  2d,  1887  entitled  "An  act  to  establish 
agricultural  experiment  stations  in  connection  with  the  colleges 
established  in  the  several  states  under  the  provisions  of  an  act 
approved  July  2d,  1862  and  the  acts  supplemental  thereto,  also 
all  moneys  which  may  hereafter  be  received  by  virtue  of  any  act 
of  Congress  supplemental  to  said  agricultural  experiment  sta- 
tion act  and  for  the  same  purpose.  The  said  experiment  station 
fund  is  hereby  appropriated  to  be  applied  exclusively  to  the 
uses  and  objects  designated  by  the  said  act  or  acts  of  Congress 
relating  thereto  and  the  same  shall  at  all  times  be  subject  to 
the  orders  of  the  Board  of  Regents  for  expenditure  for  said 
uses  only. 

The  state  treasurer  shall  be  the  custodian  of  all  of  the  funds 
of  the  University.  Disbursements  from  the  four  funds  last 
named  herein  shall  be  made  in  accordance  with  the  provisions 
of  law  relating  to  the  disbursement  of  University  funds  in  the 
hands  of  the  state  treasurer  as  provided  by  section  (5230)  being 
section  25  of  chapter  87  of  the  Compiled  Statutes  of  1897. 

SEC.  20.— [Repealed.] 


Subdiv.  19.  STATE  UNIVERSITY.  129 

SEC.  21. — Board  of  regents— Meetings— Compensation. — 
The  regents  shall  meet  at  least  twice  in  each  year  at  the  uni- 
versity building.  They  shall  receive  for  their  services  no  com- 
pensation, but  they  may  be  reimbursed  their  actual  expenses 
incurred  in  the  performance  of  their  official  duties. 

SEC.  22. — Buildings — Plans. — No  superstructural  work  upon 
any  building  for  the  university  shall  be  commenced  until  the 
designs  and  plans  therefor  shall  have  been  submitted  to  the 
board  of  regents  by  the  commissioners  for  public  buildings,  and 
the  architect  thereof  shall  be  required,  before  allowing  any  such 
superstructure  to  be  erected,  tcT  make  such  alterations  in  the 
plans  and  specifications  as  may  be  directed  by  a  majority  of  the 
regents. 

SEC.  23.— Powers— Chancellor— Professors.— -The  regents 
shall  have  power  to  enact  laws  for  the  government  of  the  uni- 
versity; to  elect  a  chancellor,  and  the  prescribed  number  of 
professors  and  tutors,  and  a  steward ;  to  prescribe  the  duties  of 
all  the  professors  and  officers,  and  to  fix  the  compensation.  They 
shall  have  power  to  remove  the  chancellor  and  any  professor  or 
tutor  when  the  interests  of  the  university  shall  require  it. 

SEC.  24. — Treasurer. — -The  office  of  treasurer  of  the  university 
is  hereby  abolished,  and  the  state  treasurer  is  made  custodian 
of  the  funds,  to  whom  the  present  treasurer  of  the  university 
shall  turn  over,  within  sixty  days,  all  moneys1,  securities,  books, 
and  papers  pertaining  to  that  office. 

SEC.  25. — Disbursements. — Disbursements  from  the  university 
fund  shall  be  made  by  the  state  treasurer,  upon  warrants  drawn 
by  the  auditor,  who  shall  issue  warrants  upon  certificates  issued 
by  the  board  of  regents,  signed  by  the  secretary  and  president. 
All  money  accruing  to  the  university  fund  is  hereby  appropri- 
ated to  the  use  of  the  state  university. 

SECS.  26-26h.— [Repealed.     Laws,  1899,  chap.  76,  sec.  2.] 

CADET   BATTALION. 

SEC.  27. — Cadets. — That  all  male  students  now  attending  or 
who  may  hereafter  attend  the  University  of  Nebraska,  and  who 
are  required,  by  the  rules  and  regulations  that  are  or  may  be 
established  by  the  board  of  regents  of  the  university  for  the 
government  of  the  military  department,  to  attend  upon  the 
studies  or  other  exercises  of  said  department,  shall  be  organized 

SECS.  23-25.    Cited  5  Neb.,  428.    9  Id.,  470. 

5 


130  SCHOOL   LAWS   OF    NEBRASKA.  Subdiv.  19. 

under  the  form  of  the  battalion,  into  a  body  which  shall  be 
known  and  styled  the  "university  cadets." 

SEC.  28. — Officers. — The  officers  of  the  cadet  battalion,  for  duty 
at  and  while  in  attendance  upon  the  university,  shall  be  ap 
pointed  by  the  commandant  in  charge  of  the  department,  by 
detail  of  the  general  government,  and  they  shall  be  directly 
responsible  to  him  in  the  discharge  of  all  their  duties  as  sue! 
officers. 

SEC.  29. — Same — Graduates. — All  persons  holding  appoint- 
ments under  the  commandant  of  the  military  department  of  the 
university  as  officers  of  the  cadet  battalion,  at  the  time  of  their 
graduation  from  the  university,  between  and  including  the 
ranks  of  second  lieutenant  and  colonel,  shall  be  certified  with 
their  proper  rank  to  the  governor  of  the  state  by  the  military 
officer  in  charge  and  the  chancellor  of  the  university,  and  there- 
upon the  governor  is  authorized  and  directed  to  issue  his  com 
mission  in  due  form  to  all  such  persons  so  certified  to  him.  All 
persons  so  commissioned  by  the  governor  shall  hold  their  com- 
missions as  retired  officers  of  the  university  cadets,  liable  to  be 
called  into  service  by  the  governor  in  case  of  invasion,  insur- 
rection, or  rebellion,  in  the  same  manner  as  the  state  militia. 

SEC.  30. — Arms,  equipments,  etc. — The  adjutant  general  cf 
the  state  shall  issue  such  arms,  munitions,  accoutrements,  tents, 
and  equipments  for  the  temporary  or  permanent  use  of  the  uni- 
versity cadets  as  the  board  of  regents  may  require  and  the  gov- 
ernor approve.  All  property  so  issued,  and  not  intended  merely 
for  temporary  use,  or  for  consumption  or  expenditure,  shall  be 
receipted  for  to  the  adjutant  general  by  the  chancellor  or  other 
proper  officer  of  the  university,  and  the  same  shall  be  subject  to 
return  upon  demand  of  the  adjutant  general,  whenever  the 
necessities  of  the  state  require. 

SEC.  31. — Officers — Selection. — The  selection  of  officers  of  the 
university  cadet  battalion,  for  duty  during  attendance  upon  the 
institution,  shall  be  made  upon  a  basis  involving  both  scholar- 
ship and  capacity  and  fitness  for  command,  and  Recording  to 
such  rules  and  regulations  as  the  board  of  regents  may  pre- 
scribe. The  board  of  regents  shall  make  all  needful  rules  and 
regulations  to  carry  into  effect  the  purposes  of  this  act  consist- 
ent with  the  constitution  and  laws  of  ,the  state. 

SEC.  3 la. — Reports. — The  commandant  or  officer  in  charge  of 
the  military  department  of  the  university  shall  make  quarterly 
reports  to  the  adjutant  general  of  the  state,  showing  the  num- 


Subdiv.  19.  STATE    UNIVERSITY.  131 

ber,  organization,  discipline,  and  equipment  of  the  university 
cadets. 

AGRICULTURAL    EXPERIMENT    STATION. 

SEC.  32. — Preamble. — Whereas,  the  forty-ninth  congress  of 
the  United  States,  at  its  second  session,  passed  an  act  com- 
monly known  as  the  "Hatch  bill,"  and  entitled  as  follows:  "An 
a.ct  to  establish  agricultural  experiment  stations  in  connection 
with  the  colleges  established  in  the  several  states  under  the  pro- 
visions of  an  act  approved  July  2,  1882,  and  of  the  acts  supple- 
mentary titereto,"  and,  Whereas,  said  act  of  congress  provides, 
among  other  things,  that  it  shall  be  the  object  and  duty  of  said 
experiment  stations  to  conduct  original  researches  or  verify 
experiments  on  the  physiology  of  plants  and  animals;  the  dis- 
eases to  which  they  are  severally  subieet,  with  the  remedies  for 
the  same;  the  chemical  composition  of  useful  plants  at  theh- 
different  stages  of  growth ;  the  comparative  advantages  of  rota.- 
tive  cropping  as  pursued  under  a  varying  series  of  crops;  the 
capacity  of  new  plants  or  trees  for  acclimation;  the  analysis  of 
soils  and  water;  the  chemical  composition  of  manures,  natural 
or  artificial,  with  experiments  designed  to  test  their  compara- 
tive effects  on  crops  of  different  kinds;  the  adaptation  and  value 
of  grasses  and  forage  plants;  the  composition  and  digestibility 
of  the  different  kinds  of  foods  for  domestic  animals;  the  scien- 
tific and  economic  questions  involved  in  the  production  of  butter 
and  cheese;  and  such  other  researches  or  experiments  bearing 
directly  on  the  agricultural  industry  of  the  United  States  as 
may  in  each  case  be  deemed  advisable,  having  due  regard  to  the 
varying  conditions  and  needs  of  the  respective  states  or  terni- 
tories,  and,  WThereas,  the  said  act  of  congress  declares  that  a 
leading  object  of  the  establishment  of  the  said  experimental 
stations  is  to  aid  in  acquiring  and  diffusing  among  the  people 
of  the  United  States  useful  and  practical  information  on  sub- 
jects connected  with  agriculture,  and  to  promote  scientific 
investigation  and  experiment  respecting  the  principles  and 
applications  of  agricultural  science,  and  prescribes  methods  to 
this  end,  and  also  prescribes  conditions  and  relations  which  are 
to  be  maintained  between  the  United  States  and  the  institu- 
tions of  learning  established  in  the  several  states,  and  which  are 
organized  under  the  land  grant  of  1862,  and  provides  further 
that  the  grants  of  money  authorized  by  the  said  act  are  made 
subject  to  the  legislative  assent  of  the  several  states  and  terri- 
tories to  the  purposes  of  said  grants,  and,  Whereas,  the  Univer- 


132  SCHOOL   LAWS   OF    NEBRASKA.  Subdiv.  19. 

liity  of  Nebraska,  in  the  state  of  Nebraska,  has  established  and 
maintained  a  college  or  department  of  agriculture  known  and 
designated  as  the  "industrial  college,"  in  accordance  with  the 
provisions  of  said  land  grant  of  1862,  and,  Whereas,  the  said  act 
of  the  forty-ninth  congress  appropriates  to  this  state  the  sum  of 
fifteen  thousand  dollars  ($15,000)  per  annum  for  the  purposes 
and  upon  the  conditions  therein  set  forth,  the  same  to  be  paid 
to  the  treasurer  or  other  officer  duly  appointed  by  the  governing 
board  of  said  college  to  receive  the  same,  and,  Whereas,  the 
governor  of  this  state  has  presented  to  the  legislature  his  special 
message  with  recommendations  relating  to  the  subject  matter 
hereof,  Therefore, 

fte  it  enacted  by  the  Legislature  of  the  State  of  Nebraska: 

SECTION  1. — Acceptance  by  State.— That  full  and  complete 
acceptance,  ratification,  and  assent  is  hereby  made  and  given  by 
the  State  of  Nebraska  to  all  of  the  provisions,  terms,  grants, 
and  conditions  and  purposes  of  the  grants  made  and  prescribed 
by  the  said  act.  of  the  congress  of  the  United  States,  entitled 
"An  act  to  establish  agricultural  experiment  stations  in  con- 
nection with  the  colleges  established  in  the  several  states  under 
the  provisions  of  an  act  approved  July  2,  18C2,  and  of  the  acts 
supplementary  thereto." 

SEC.  33. — Preamble. — Whereas,  by  an  act  of  the  congress  of 
the  United  States,  approved  August  SO,  1890,  there  is  appropri- 
ated to  this  state  for  the  use  and  benefit  and  the  more  complete 
endowment  and  support  of  the  educational  institution  therein 
described  the  sum  of  fifteen  thousand  dollars  ($15,000)  for  the 
year  ending  June  30,  1890,  sixteen  thousand  dollars  ($16,000)  for 
the  year  ending  June  30, 1891,  and  so  on  until  the  sum  of  twenty- 
five  thousand  dollars  ($25,000)  is  reached,  at  which  last  named 
amount  said  congressional  appropriation  is  thereafter  to  remain 
fixed  annually;  and  Whereas,  it  is  provided  by  said  act  of  con- 
gress that  the  money  thereby  appropriated  shall  be  applied  to 
the  more  complete  endowment  and  maintenance  in  the  several 
states  and  territories  of  colleges  for  the  benefit  of  agriculture 
and  the  mechanic  arts,  which  now  are  and  may  be  hereafter 
e»tabli»hed  in  accordance  with  an  act  of  congress  approved  July 
2,  1862  (wherein  no  distinction  on  account  of  race  or  color  is 
made  in  the  admission  of  students),  and  that  said  money  'shall 
"be  applied  only  to  instruction  in  agriculture,  the  mechanic 
arts,  the  English  language,  and  the  various  branches  of  mathe- 
matical, physical,  natural,  and  economic  science,  with  special 


Subdiv.  19.  STATE  UNIVERSITY.  133 

reference  to  their  applications  in  the  industries  of  life,  and  to 
the  facilities  for  such  instruction;"  and,  Whereas,  it  is  provided 
by  said  act  of  congress  that  "no  portion  of  said  moneys  shall  be 
applied,  directly  or  indirectly,  under  any  pretense  whatever,  to 
the  purchase,  erection,  preservation,  or  repair  of  any  building  or 
buildings/'  and  that  if  said  moneys  be  diminished  or  lost  they 
shall  be  replaced  by  the  state  or  territory  to  which  they  belong; 
and  that  the  grants  of  money  authorized  by  said  act  of  congress 
are  made  subject  to  the  legislative  assent  of  the  several  states 
and  territories  to  the  purpose  of  said  grants  (or  upon  the  assent 
of  the  governor  thereof  during  the  recess  of  the  legislature); 
and,  Whereas,  it  is  provided  by  said  act  of  congress  that  the 
moneys  thereby  appropriated  shall  be  paid  from  time  to  time  to 
the  state  or  territorial  treasurer,  or  other  officer  who  may  be 
designated  by  law  to  receive  the  same,  who  shall,  upon  the  order 
of  the  trustees  of  the  college  described  in  said  act,  immediately 
pay  the  same  over  to  the  treasurer  of  the  educational  institution 
entitled  to  receive  the  same;  and,  Whereas,  the  college  of  agri- 
culture and  the  mechanic  arts  (now  designated  by  law  as  the 
industrial  college)  of  the  University  of  Nebraska  is  the  college 
now  existing  in  this  state,  organized  under  the  provisions  of  the 
act  of  congress  of  1802,  and  thereby  entitled  to  receive  the  mon- 
eys appropriated  by  the  said  act  of  congress  of  August  30,  1890 ; 
and,  Whereas,  the  treasurer  of  the  state  of  Nebraska  has  re- 
ceived the  sum  of  fifteen  thousand  dollars,  the  first  installment 
of  money  appropriated  under  the  said  act  of  congress  last 
named,  in  pursuance  of  the  assent  of  the  governor:  Therefore, 

Be  it  enacted  by  the  Legislature  of  the  State  of  Nebraska: 

Assent  given. — That  full  and  complete  acceptance,  ratification, 
and  assent  is  hereby  made  and  given  by  the  state  of  Nebraska 
to  all  and  every  one  of  the  grants,  purposes,  terms,  and  condi- 
tions set  forth  in  an  act  of  the  congress  of  the  United  States 
approved  August  30,  1890,  entitled  "An  act  to  apply  a  portion 
of  the  proceeds  of  the  public  lands  to  the  more  complete  endow- 
ment and  support  of  the  colleges  for  the  benefit  of  agriculture 
and  the  mechanic  arts  established  under  the  provisions  of  an 
act  of  congress  approved  July  2,  1862." 

SEC.  34. — Appropriation. — That  all  moneys  that  now  are  or 
may  hereafter  be  received  by  the  state  treasurer  or  other  state 
officer,  in  pursuance  and  by  virtue  of  the  said  act  of  congress, 
are  hereby  specifically  appropriated  and  set  apart  solely  for  the 
more  complete  endowment,  support,  and  maintenance  of  the 


134  SCHOOL    LAWS    OP    NEBRASKA.  Subdiv.  19. 

college  for  the  benefit  of  agriculture  and  mechanic  arts  now 
existing  in  this  state  under  the  provisions  of  an  act  of  congress 
approved  July  2,  1802,  and  designated  by  law  as  the  industrial 
college  of  the  University  of  Nebraska;  and  all  of  said  moneys 
shall  be  immediately  paid  over  by  said  treasurer  to  the  authori- 
ties of  said  college,  hereinafter  designated,  without  further  war- 
rant or  authority  than  is  contained  herein. 

SEC.  35.— Trustees,  Treasurer,  Powers. — That  for  all  in- 
tents and  ^purposes  of  this  act  and  of  the  said  act  of  congress, 
and  to  carry  the  latter  into  full  effect  in  this  state,  the  board  of 
regents  of  the  University  of  Nebraska  shall  be  "the  trustees  of 
the  college"  described  in  the  said  act  of  congress,  approved 
August  30,  1890,  and  referred  to  in  the  title  of  this  act,  and  such 
fiscal  officer  as  the  said  board  of  regents  may  name  and  desig- 
nate and  appoint  to  receive  and  disburse  said  moneys  under 
their  orders  shall,  for  all  intents  and  purposes  of  this  act,  and 
of  the  said  act  of  congress  last  mentioned,  be  the  "treasurer"  of 
the  said  college,  and  to  this  officer  the  state  treasurer  shall  im- 
mediately pay  over,  upon  the  order  of  the  said  board  of  regents, 
all  moneys  which  are  now  in  his  hands,  or  which  may  be  here- 
after received  by  virtue  of  the  said  act  of  congress  for  the  use 
and  benefit  of  said  college.  The  said  board  of  regents  are  hereby 
authorized  and  empowered  to  make  such  orders  and  regulations 
for  the  security,  control,  management,  and  disbursement  of  the 
said  moneys  as  to  them  shall  seem  wise  and  proper  and  for  the 
best  interests  of  the  college. 

SEC.  36. — Merrill  fund — Application. — That  all  moneys  that 
may  be  received  by  the  state  treasurer,  or  other  state  officer,  in 
pursuance  and  by  virtue  of  an  act  of  the  congress  of  the  United 
States,  approved  August  30,  1890,  entitled  "An  act  to  apply  a 
portion  of  the  proceeds  of  the  public  lands  to  the  more  com- 
plete endowment  and  support  of  the  colleges  for  the  benefit  of 
agriculture  and  the  mechanic  arts,  established  under  the  pro- 
visions of  an  act  of  Congress  approved  July  2,  1862"  shall  be 
immediately,  upon  the  receipt  thereof,  paid  over  by  said  treas- 
urer, or  other  officer,  to  the  officer  authorized  to  receive  the 
same,  by  the  board  of  regents  of  the  University  of  Nebraska, 
without  further  warrant  or  authority  than  is  herein  contained: 
in  accordance  with  an  act  of  the  legislature  of  the  state  of  Ne- 
t>raska  approved  March  19,  1891. 


Subdiv.  20. 


EDUCATIONAL  CORPORATIONS. 


135 


SUBDIVISION    XX.—  EDUCATIONAL    CORPORATIONS. 


14.  Trustees  a  body  politic. 

15.  Universities,  how  incorporated. 

16.  Trustees. 

17.  Same— Powers. 

18.  Foreign      corporations— Diplomas, 

etc. 

19.  Same— procedure. 

20.  Same— Powers,  diplomas,  etc. 

21.  Reorganization. 

22.  Powers  of  trustees. 

23.  Same. 

24.  Acts  legalized. 


1.  How  incorporated. 

2.  Value  of  property. 

3.  Trustees. 

4.  Failure  to  elect. 

5.  Devises  and  donations. 

6.  Faculty. 

7.  Academy. 

8.  Existing  corporations. 

9.  Increase  of  capital  stock. 

10.  Notice. 

11.  Liability  of  stockholders. 

12.  Trustees  of  endowment  fund. 

13.  Application  of  fund,  how  changed. 

SECTION  1. — -How  incorporated. — Any  number  of  persons,  not 
less  than  five,  desiring  to  establish  a  college,  university,  normal 
school,  or  other  institution  for  the  purpose  of  promoting  educa- 
tion, religion,  morality,  agriculture,  or  the  fine  arts  may,  by 
complying  with  the  provisions  of  this  subdivision,  become  a 
body  corporate  and  politic  with  perpetual  succession,  and  may 
assume  a  corporate  name  by  which  they  may  sue  and  be  sued, 
plead  and  be  impleaded  in  all  courts  of  law  and  equity;  may 
have  a  corporate  seal,  and  the  same  alter  and  break  at  pleasure ; 
may  hold  all  kinds  of  estate,  real,  personal,  or  mixed,  which  they 
may  acquire  by  purchase,  donation,  devise,  or  otherwise,  neces- 
sary to  accomplish  the  objects  of  the  corporation,  and  the  same 
to  dispose  of  and  convey  at  pleasure. 

SEC.  2. — Value  of  property. — To  ascertain  the  property  and 
value  thereof,  of  any  institution  desirous  of  becoming  a  body 
corporate,  under  the  provisions  of  this  subdivision,  it  shall  be 
the  duty  of  the  probate  judge  of  any  county  of  this  state,  on 
application  in  writing,  of  any  number  of  persons  not  less  than 
five,  of  whom  not  less  than  five  shall  be  resident  freeholders  of 
the  county  where  such  application  is  made,  or  where  such  insti- 
tution is  or  is  intended  to  be  located,  setting  forth  the  objects 
for  which  they  desire  to  become  incorporated,  to  select  three  dis- 
interested freeholders  of  the  county  and  voters  therein,  as  ap- 
praisers, who  shall  first  take  an  oath  for  the  faithful  discharge  of 
their  duties,  before  some  competent  officer,  and  such  appraisers 
shall  then  proceed  to  make  a  schedule,  and  upon  actual  view  to 
appraise  the  true  value,  in  money,  of  all  such  goods,  chattels, 
lands,  and  tenements,  choses  in  action,  rights,  credits,  and  sub- 
scriptions, as  such  applicants  shall  exhibit  to  such  appraisers, 
and  shall  return  such  schedule  with  their  appraisement,  and  cer- 
tificate of  some  officer  authorized  to  administer  oaths,  thai,  such 
appraisers  were  first  duly  sworn  by  him  to  discharge  their 
duties  as  such  appraisers,  to  the  probate  judge  of  the  proper 


136  SCHOOL   LAWS   OF   NEBRASKA.  Subdiv.    20. 

county;  and  if  the  amount  so  found  shall  be  equal  to  the  sum 
required  for  the  commencement  of  any  such  institution  as  said 
applicants  desire,  such  probate  judge  shall  give  such  applicants 
a  certificate  of  the  fact,  and  they  shall  enter  it  into  a  book  of 
records,  by  them  provided  for  that  purpose,  which  certificate, 
together  with  the  corporate  name  and  the  articles  of  association, 
they  shall  also  cause  to  be  recorded  in  the  county  clerk's  office 
of  the  county  where  such  institution  is  or  is  intended  to  be 
located,  and  they  shall  thenceforward  be  a  body-corporate  and 
politic,  according  to  the  provisions  of  this  subdivision;  and  such 
probate  judge,  appraisers,  and  county  clerk  shall  be  entitled  to 
the  same  fees  as  for  like  services  in  other  cases,  and  no  more. 

SEC.  3. — Trustees. — The  corporators  of  any  college  or  univer- 
sity, which  may  be  organized  in  accordance  with  the  provisions 
of  this  subdivision,  may  elect  five  or  more  trustees,  of  whom  not 
less  than  five  shall  be  resident  freeholders  of  the  county  where 
such  college  or  university  is  located,  who  shall  constitute  a  board 
of  directors  for  such  institution,  and  they  shall  have  power  to 
fill  vacancies  that  may  occur  in  their  board,  and  shall  hold  their 
officers  until  their  successors  are  elected  and  qualified  according 
to  the  rules  and  by-laws  that  may  be  adopted  by  the  board  of 
trustees,  but  at  all  times  at  least  five  of  such  board  of  trustees 
shall  be  residents,  freeholders  of  the  county  where  such  institu- 
tion is  located;  and  when  any  such  board,  in  their  corporate 
name,  shall  have  acquired  for  the  benefit  of  such  institution  five 
thousand  dollars,  in  real  and  personal  property,  to  be  ascer- 
tained as  herein  provided,  said  trustees  shall  have  power  to 
appoint  a  president,  professors,  tutors,  and  teachers,  and  any 
other  necessary  agents  and  officers,  and  fix  the  compensation  of 
each,  and  may  enact  such  by-laws  not  inconsistent  with  the  laws 
of  this  state  or  the  United  States,  for  the  government  of  the  in- 
stitution, and  for  conducting  the  affairs  of  the  corporation,  as 
they  may  deem  necessary,  and  shall  have  power  to  confer,  on  the 
recommendation  of  the  faculty,  all  such  degrees  and  honors  as 
are  conferred  by  colleges  and  universities  of  the  United  States, 
and  such  others,  having  reference  to  the  course  of  study  and  the 
accomplishment  of  the  student,  as  they  may  deem  proper. 

SEC.  4'. — Failure  to  elect. — In  case  it  should  happen  that  an 
election  for  directors  should  not  be  held  on  the  day  appointed 
by  the  by-laws  of  any  institution  or  company  formed  under  the 
provisions  of  this  subdivision,  such  corporation  shall  not,  for 
that  reason,  be  deemed  to  be  dissolved,  but  it  shall  be  lawful  on 
any  other  day  to  hold  a  meeting  and  elect  its  directors  in  such 
manner  as  shall  be  prescribed  by  the  by-laws  thereof. 


SubdiV.  20.  EDUCATIONAL   CORPORATIONS.  137 

SEC.  5. — University,  college,  theological  seminary,  or 
academy  holding  property  in  trust. — The  trustees  of  any  uni- 
versity, college,  theological  seminary,  or  academy,  may  hold  in 
trust  any  property,  devised,  bequeathed  or  donated  to  such  in- 
sitution  upon  any  specific  trust  consistent  with  the  object  of 
said    corporation.      Provided,    however,    that    any    corporation 
formed  for  the  purpose  of  providing  theological  education,  or 
giving  religious  instruction,  or  for  the  purpose  of  maintaining 
and  operating  a  theological  seminary  in  connection  with,  or  on 
the  part  of,  any  religious  sect,  association  or  denomination,  is 
hereby  authorized  and  empowered  to  set  forth  in  its  articles,  or 
certificate  of  incorporation,  as  a  part  of  the  same,  the  name  of 
the  religious  sect,  association  or  denomination  with  which  it  is 
connected,  and  to  declare  that  it  shall  acquire  and  hold  its  real 
and  personal  property  in  trust  for  the  purpose  of  theological 
education  or  instruction,  according  to  the  standards  of  said 
religious  sect,  association  or  denomination,  and  it  ia  further 
authorized  and  empowered  to  grant  to  the  supreme  court  or 
other  ecclesiastical  body  of  such  religious  sect,  association  or 
denomination,  whether  the  same  be  a  conference,  presbytery, 
synod,  general  assembly  convocation,  or  otherwise,  the  right   to 
approve  the  election  of  its  directors,  trustees,  professors,  teach- 
ers and  instructors,  without  which  approval  the  election  of  said 
directors,  trustees,  professors,  teachers  and  instructors  shall  not 
be  valid;  and  it  is  further  authorized  and  empowered  to  grant 
to  said  supreme  court  or  other  ecclesiastical  body  of  such  re- 
ligious sect,  association  or  denomination,  authority  to  appear 
in  any  court  of  competent  jurisdiction  in  the  name  of  such  per- 
son as  it  may  designate  for  and  on  its  behalf,  to  protect  the 
trust  in  and  to  said  property  so  declared  in  said  articles  of  in- 
corporation, and  to  provide  against  the  misuse  of  the  same,  and 
to  enforce  the  rights  conferred  on  said  supreme  court  or  other 
ecclesiastical  body  of  such  religious  sect,  association  or  denomi- 
nation, by  the  terms  of  said  article  or  certificate  of  incorpora- 
tion; and  it  is  further  authorized  and  empowered  to  set  forth  in 
its  articles  or  certificate  of  incorporation,  such  other  rights  as 
to  the  administration  of  the  purpose  for  which  it  is  organized, 
and  not  inconsistent  with  the  -laws  of  this  state,  or  of  the  United 
States,  as  said  incorporations  may  desire  to  confer  on  said  su- 
preme court  or  other  ecclesiastical  body  of  such  religious  sect, 
association  or  denomination,  and  said  supreme  court  or  other 
ecclesiastical  body  of  such  religious  sect,  association  or  denomi- 
nation, shall  possess  and  exercise  all  the  rights  a.n<J  powers  so 


138  SCHOOL  LAWS  OF  NEBRASKA.  Subdiy.  20. 

set  forth  in  said  articles  or  certificate  of  incorporation.  Pro- 
vided, further,  any  corporation  heretofore  formed  for  the  pur- 
pose of  providing  theological  education  or  giving  religious  in- 
struction or  for  the.  purpose  of  maintaining  and  operating  a 
theological  seminary  in  connection  with  or  on  the  part  of  any 
religious  sect,  association  or  denomination,  which  has  been  in- 
corporated under  the  laws  of  this  state,  whether  by  special  act 
of  the  legislature  or  otherwise,  may  avail  itself  of  the  provisions 
of  the  preceding  section  as  a  part  of  its  articles  or  certificate  of 
incorporation,  and  may  declare  the  trust  on  which  it  holds  and 
for  which  it  acquires  its  property  and  may  confer  on  the  su- 
preme court  or  other  ecclesiastical  body  of  such  religious  sect, 
association  or  denomination,  any  or  all  of  the  rights,  powers 
and  privileges  provided  by  this  section  to  be  conferred  on  cor- 
porations hereafter  organized,  and  may  accept  the  provisions  of 
this  section  by  a  vote  of  the  majority  of  the  trustees  of  said 
corporation  present  at  a  regular  meeting,  and  when  so  accepted, 
a  certified  copy  of  such  acceptance,  together  with  a  certified 
copy  of  the  declaration  of  trust  on  which  it  holds  and  for  which 
it  acquires  its  property,  and  of  the  rights  and  powers  which, 
pursuant  to  the  provisions  of  the  preceding  section,  it  desires  to 
confer  and  has  conferred  upon  the  supreme  court  or  other  ec- 
clesiastical body  of  such  religious  sect,  association  or  denomi- 
nation shall  be  filed  in  the  office  of  the  secretary  of  state,  and 
when  so  filed  the  same  shall  become  and  be  a  part  of  the  char- 
ter of  said  corporation;  and  said  supreme  court  or  other  ecclesi- 
astical body  of  such  religious  sect,  association  or  denomination 
shall  possess  and  exercise  all  of  the  rights  and  powers  so  set 
forth  in  said  articles  or  certificate  of  incorporation. 

SEC.  6. — Faculty. — The  president  and  professors  shall  consti- 
tute the  faculty  of  any  literary  college  or  university  instituted 
under  the  provisions  of  this  subdivision,  and  have  power  to 
enforce  the  rules  and  regulations  enacted  by  the  trustees  for  the 
government  and  discipline  of  the  students,  and  to  suspend  and 
expel  offenders,  as  may  be  deemed  necessary. 

SEC.  7. — Academy. — :When  any  number  of  persons  shall  have 
procured  by  subscription,  donation,  devise,  purchase,  or  other- 
wise, the  sum  of  five  hundred  dollars,  for  the  purpose  of  estab- 
lishing and  sustaining  an  academy,  such  persons  may  adopt  a 
corporate  name  and  enter  the  same  in  the  county  clerk's  office 
of  the  proper  county,  and  proceed  to  the  election  of  such  officers 
and  teachers  as  they  may  deem  necessary;  may,  in  their  corpor- 
ate name,  sue  and  be  sued,  plead  and  be  impleaded,  in  any  court 


.  20.  EDUCATIONAL    CORPORATIONS.  139 

of  law  or  equity  of  competent  jurisdiction,  and  may  have  a  cor- 
porate seal,  may  purchase  and  hold  personal  or  real  estate,  and 
dispose  of  the  same  at  pleasure,  and  do  all  other  acts  and  things 
necessary  for  the  promotion  of  education  and  the  general  inter- 
ests of  such  academy. 

SEC.  8. — Existing  corporations. — Any  college,  university,  or 
academy,  now  instituted,  may  come  under  the  provisions  of  this 
subdivision  by  complying  with  the  requisitions  herein  contained, 
and  all  such  institutions  now  in  existence,  or  that  may  hereafter 
be  established,  may  connect  therewith,  to  be  used  as  a  part  of 
their  course  of  education,  any  mechanical  shops,  or  machinery, 
or  lands  for  agricultural  purposes,  not  exceeding  three  hundred 
and  twenty  acres,  to  which  may  be  attached  all  necessary  build- 
ings for  carrying  on  the  mechanical  or  agricultural  purposes  of 
such  institution. 

SEC.  9. — Increase  of  capital  stock. — Any  company  which 
may  be  formed  in  pursuance  of  this  subdivision,  or  which  may 
now  exist  by  virtue  of  any  special  act  of  incorporation,  the  prop- 
erty of  which  is  held  as  stock,  and  not  derived  by  donation,  gift, 
devise,  or  gratuitous  subscription,  may  increase  its  capital  stock 
or  change  it  into  scholarships,  when  it  becomes  necessary  for 
the  purpose  of  carrying  out  the  object  for  which  such  company 
or  corporation  is  formed,  in  the  following  manner:  The  direct- 
ors, for  the  time  being,  shall  make  out  and  sign  a  certificate  in 
which  they  shall  set  forth  the  amount  to  which  such  capital 
stock  is  to  be  increased,  and  the  object,  which  certificate  shall 
be  deposited  in  the  office  of  the  county  clerk  of  the  proper 
county,  and  be  by  him  recorded  in  the  same  manner  as  the  arti- 
.cles  of  association  and  corporate  name  are  required  by  this  sub 
division  to  be  recorded. 

SEC.  10. — Notice. — Before  the  capital  stock  of  such  company 
shall  be  increased,  it  shall  be  the  duty  of  the  directors  to  publish 
a  notice,  signed  by  at  least  a  majority  of  them,  in  a  newspaper 
of  general  circulation  in  the  county  of  which  such  institution  is 
located,  at  least  four  consecutive  weeks,  appointing  a  time  and 
place  for  holding  a  meeting  of  the  stockholders  of  the  said  com- 
pany, specifying  the  amount  to  which  it  is  proposed  to  increase 
the  capital  stock  thereof;  and  a  vote  of  at  least  two-thirds  of 
the  shares  of  the  stock  represented  at  such  meeting  shall  be 
necessary  to  an  increase  of  its  capital  stock,  and  to  authorize  the 
directors  to  make  and  sign  the  certificate  mentioned  in  the  pre- 
ceding section. 


140  SCHOOL    LAWS    OP    NEBRASKA.  Subdiv.    20, 

SEC.  11. — Liability  of  stockholders. — Any  university,  col- 
lege or  academy  that  may  become  a  body  corporate  under  the 
provisions  of  this  subdivision,  the  property  of  which  is  not 
derived  by  donation,  gift,  devise  or  subscription,  but  is  owned 
by  individuals  in  the  shape  of  stock  subscribed  or  taken,  the 
owners  of  said  stock  shall  be  individually  liable  for  the  debts  of 
said  corporation  to  the  amount  of  their  stock  respectively,  and 
also  in  a  sum  equal  thereto,  over  and  above  the  amount  of  their 
stock;  Provided,  That  the  trustees  or  directors  of  any  corpora- 
tion organized  under  the  provisions  of  this  subdivision,  the 
property'  of  which  is  not  owned  by  individuals  in  the  shape  of 
stock  subscribed  or  taken,  but  is  held  upon  trust  or  derived  by 
devise,  donation,  gift,  or  subscription,  shall  not  contract  any  in- 
debtedness beyond  the  actual  means  or  assets  of  said  corpora- 
tion, and  if  said  trustees  or  directors  contract  debts  or  incur 
liabilities  beyond  the 'actual  means  or  assets  of  said  corporation, 
the  trustees  or  directors,  so  contracting,  shall  be  held  liable  in 
their  individual  capacity  for  the  payment  of  the  same,  but  the 
property  of  said  corporation  shall  first  be  exhausted. 

SEC.  12. — Trustees  of  endowment  fund. — Whenever  three 
or  more  persons  shall  desire  to  create  a  board  of  trustees,  to  be- 
come incorporated  as  the  trustees  of  an  endowment  fund  for 
any  educational,  religious,  or  charitable  purposes,  they  shall  do 
so  in  the  following  manner,  to-wit:  Whenever,  at  any  meeting 
called  for  the  purpose,  the  said  persons,  at  least  three  of  whom 
shall  be  residents  of  this  state^  and  not  less  than  three  in  num- 
ber, as  aforesaid,  shall  resolve  to  become  a  body  corporate  and 
politic,  having  a  seal  and  corporate  name,  whereby  they  may 
sue  and  be  sued  in  courts  of  justice  in  this  state,  they  shall  pre- 
pare a  statement,  setting  forth  the  name  by  which  they  shall 
be  called,  the  amount  of  said  fund,  and  the  manner  in  which  and 
the  district  to  which  the  said  fund  shall  be  applied,  whether 
within  or  without  this  state,  together  with  the  names  of  the  per- 
sons who  shall  act  as  trustees,  which  said  statement  shall  be 
subscribed  by  all  the  persons  composing  said  meeting,  in  the 
presence  of  some  magistrate  or  judicial  officer  having  a  seal, 
who  shall  attest  the  signing  of  the  same,  and  the  same  shall  be 
recorded  in  the  office  of  the  county  clerk  in  the  county  where 
said  meeting  wasNheld,  and  thereupon  the  persons  named  in  said 
statement  as  trustees,  and  their  successors  in  office,  shall  be- 
come a  body  corporate  and  politic  for  the  purposes  in  said  state- 
ment named  and  specified ;  and  a  certified  copy  of  said  record, 
under  the  hand  and  seal  of  the  county  clerk  of  said  county,  shall 


.  20  EDUCATIONAL   CORPORATIONS.  141 

at  all  times  be  prima  facie  evidence  of  the  existence  of  said  cor- 
poration. 

SEC.  13.— Application  of  fund,  how  changed. — In  any 
case,  where,  in  the  original  statement  in  the  preceding  section 
provided  for,  it  is  contemplated  that  the  fund  may  be  applied  to 
any  object  not  inconsistent  with  the  purposes  of  education,  relig- 
ion or  charity,  different  from  that  particularly  specified  in  said 
statement,  the  trustees  above  named,  or  their  successors  in 
office,  may  apply  to  the  district  court  in  the  county  where  the 
record  hereinbefore  provided  for  was  made,  for  the  privilege 
to  make  such  change,  designating  particularly  the  purposes  to 
which  it  is  proposed  to  apply  the  same,  and  the  said  court,  on 
being  satisfied  that  such  change  is  not  inconsistent  with  the 
object  of  the  original  creation  and  institution  of  said  fund,  shall 
authorize  and  sanction  such  change. 

SEC.  14. — Trustees  a  body  politic. — The  said  board  of  trustees 
and  their  successors  in  office  shall  be  a  body  politic  with  per- 
petual succession,  and  they  shall  hold  their  offices  for  such 
terms  and  receive  their  appointments  in  such  manner  as  shall 
be  designated  in  the  statement  on  record  in  the  office  of  the 
county  clerk,  as  hereinbefore  provided. 

UNIVERSITIES. 

SEC.  16. — How  incorporated. — Whenever  any  person  or  per- 
sons shall  have  become  possessed  of  funds,  securities  and  prop- 
erty of  the  value  of  one  hundred  thousand  dollars  or  more,  for 
the  purpose  of  an  institution  of  learning  of  the  rank  and  grade 
of  a  college  or  university,  it  shall  be  competent  for  him  or  them 
to  present  to  the  judge  of  the  district  court  of  the  county  in 
which  such  institution  is,  or  is  proposed  to  be  situated,  a  peti- 
tion setting  forth  the  fact,  and  such  circumstances  as  may  be 
pertinent,  praying  the  appointment  of  one  or  more  commission- 
ers to  examine  into  the  truth  thereof;  and  thereupon  it  shall  be 
the  duty  of  the  said  judge  to  appoint  a  commissioner  or  com- 
missioners for  the  purpose  aforesaid.  The  person  or  persons  so 
appointed  shall  be,  by  said  judge,  sworn  to  ftill  inquiry  and  true 
report  make  of  the  matters  given  to  him  or  them  in  charge,  and 
the  said  oath,  duly  subscribed  by  the  parties  and  certified  by  the 
said  judge,  shall  be  filed  in  the  office  of  the  clerk  of  said  county. 
The  said  commissioner  or  commissioners  shall  thereupon  person- 

SECS.  15-17.     "An  act  to  provide  for  the  incorporation  of  universities  under 
certain  circumstances."    Laws,  1879,  189.    Took  effect  June  1,  1879. 


[U2  SCHOOL  LAWS  OF  NEBRASKA.        Subdiv.  20. 

ally  examine  thie  property,  funds,  and  securities  alleged  to  be 
set  apart  for  the  purpose  aforesaid,  and  shall  appraise  the  same 
and  report  the  facts  thus  ascertained  to  the  said  judge.  If,  from 
the  said  report,  it  shall  appear  to  the  said  judge  that  the  sum  of 
one  hundred  thousand  dollars  in  property,  funds,  and  securities 
of  that  value  have  been  set  apart  for  the  purpose  aforesaid,  so 
as  to  be  irrevocably  and  inviolably  appropriate  thereto,  the  said 
judge  shall  indorse  the  said  report  with  an  order  approving  the 
same,  and  directing  that  the  same  be  filed  in  the  office  of  the 
said  county  clerk,  together  with  the  petition  aforesaid,  and 
other  papers  presented  to  him  in  the  said  matter,  which  peti- 
tion, report,  order,  and  papers  shall  be  recorded  by  the  said 
clerk  in  the  book  of  incorporations  to  be  kept  in  his  office. 

SEO.  16. — Trustees. — Whereupon,  the  person  or  persons  pos- 
sessed of  the  said  funds,  securities,  and  properties,  may,  under 
his  or  their  hands,  appoint  five  or  more  persons  to  be  trustees  of 
the  said  institution,  who  shall  thereupon  become  a  body  politic 
and  corporate  under  a  name  and  style  to  be  named,  designated, 
and  appointed  for  the  purpose  by  the  aforesaid  person  or  per- 
sons in  the  said  writing  appointing  the  said  trustees,  which 
paper,  writing  of  appointment,  shall  be  filed  and  recorded  in  the 
book  of  incorporations  in  the  office  of  the  said  county  clerk, 
and  the  said  trustees,  under  the  name  and  style  so  named,  desig- 
nated, and  appointed,  may  sue  and  be  sued,  plead  and  be  im- 
pleaded  in  all  courts  of  law  and  equity;  have  a  common  seal, 
and  the  same  alter,  break,  and  renew  at  pleasure,  and  hold  all 
kinds  of  estate,  real  and  personal  and  mixed,  which  they  may 
acquire  by  purchase,  donation,  devise,  or  otherwise,  necessary 
to  accomplish  the  purpose  of  the  corporation,  and  the  same  to 
dispose  of  and  convey  at  pleasure.  And  a  certified  copy  of  the 
said  paper,  writing,  appointing  said  trustees,  and  naming,  desig- 
nating, and  appointing  the  name  and  style  of  such  corporation, 
shall  be  prim  a  facie  evidence  in  all  courts  and  before  all  officers, 
boards,  commissioners,  and  tribunals  of  the  due  incorporation  of 
such  body  politic  and  corporate. 

SEC.  17. — Powers  of  trustees. — The  said  board  of  trustees 
shall  have  power  to  fill  all  vacancies  in  their  number,  to  make 
rules,  regulations,  and  by-laws  for  the  government  of  their 
board  and  of  the  institution;  to  appoint  a  president,  professors, 
tutors,  and  teachers,  and  any  other  necessary  officers  and 
agents,  and  fix  the  compensation  of  each;  to  erect  within,  and 
as  departments  of  said  institution,  such  schools  and  colleges  of 
the  arts  and  sciences  and  professions  as  to  them  may  seem 


Subdiy.  20.  EDUCATIONAL  CORPORATIONS.  143 

proper,  and  to  confer  such  academic  degrees  and  honors  as  are 
conferred  by  colleges  and  universities  of  the  United  States;  and 
to  borrow  from  time  to  time,  for  the  purpose  of  paying  indebted- 
ness, such  sum  or  sums  of  money  as  they  may  see  fit,  and  to 
secure  such  loan  or  loans  by  mortgage  or  trust  deed  executed  by 
their  president  and  secretary,  upon  their  college  or  university 
buildings  and  grounds,  and  otherwise  as  they  shall  deem  expe- 
dient; Provided,  That  if  such  institution  has  stockholders,  the 
said  board  of  trustees  shall  first  be  authorized  to  borrow  such 
money  and  execute  said  mortgage  or  trust  deeds  by  vote  of  the 
owners  of  a  majority  of  the  stock. 

SEC.  18. — Foreign  corporations,  diplomas,  etc. — That  any 
corporation  organized  under  the  laws  of  any  other  state  or 
states,  territory  or  territories,  for  the  purpose  of  establishing, 
maintaining,  and  conducting  institutions  of  learning  of  the  rank 
or  grade  of  a  college  or  university,  which  has  complied  with  or 
hereafter  may  comply  with  the  provisions  of  section  215  of  chap- 
ter 16  of  the  Compiled  Statutes  of  the  state  of  Nebraska,  and  of 
this  act,  be  and  the  same  are  hereby  permitted,  authorized,  and 
empowered  to  issue  diplomas  and  to  confer  degrees  and  honors 
such  as  are  conferred  by  colleges  and  universities  of  the  United 
States. 

SEC.  19. — Same — Status  ascertained — Procedure. — When- 
ever any  such  corporation  shall  have  become  possessed  of 
property  and  funds  of  the  value  of  one  hundred  thousand  dollars 
or  more,  whether  in  land,  buildings,  funds,  securities,  or  endow- 
ments, and  shall  have  established  an  institution  for  the  purposes 
aforesaid  within  this  state,  it  shall  be  competent  for  such  corpo- 
ration to  present  to  the  judge  of  the  district  court  of  the  county 
in  which  the  said  institution  shall  be  located,  a  petition  setting 
forth  the  facts  and  stating  that  the  said  corporation  has  com- 
plied with  the  provisions  of  the  section  aforesaid  and  of  this  act, 
together  with  such  other  facts  as  may  l^e  pertinent,  and  praying 
the  appointment  of  three  commissioners  to  examine  into  the 
truth  -thereof.  And  thereupon  it  shall  be  the  duty  of  the  said 
judge  to  appoint  three  disinterested  commissioners,  residents  of 
the  said  county,  for  the  purposes  aforesaid.  The  persons  so  ap- 
pointed shall  be,  by  the  said  judge,  sworn  to  true  inquiry,  and 
full  report  make  of  the  matters  given  them  in  charge,  which  said 
oath  shall  be  subscribed  by  the  parties  and  certified  by  the  said 
judge,  and  shall  be  filed  in  the  office  of  the  clerk  of  said 
county  as  hereinafter  provided.  The  said  commissioners  shall 
thereupon  immediately  proceed  to  the  discharge  of  their  said 


144  SCHOOL  LAWS  OF  NEBRASKA.  Subdiy.  20. 

duties,  and  shall  personally  examine  the  property,  funds,  secur- 
ities, and  endowments  of  the  said  institution  alleged  to  be  set 
apart  for  the  purposes  aforesaid,  and  shall  appraise  tihe  same 
and  shall  report  facts  thus  ascertained  in  writing,  duly  signed 
by  the  said  commissioners,  to  the  said  judge.  If  to  the  said 
judge  it  shall  appear  from  the  said  report  that  the  said  cor- 
poration has  complied  with  the  provisions  of  this  act,  and  that 
the  said  sum  of  one  hundred  thousand  dollars  or  more,  in 
property,  funds,  securities,  or  endowments,  has  been  set  apart 
for  the  purposes  aforesaid,  to  be  irrevocably  and  inviolably  ap- 
propriate thereto,  the  said  judge  shall  endorse  said  report  with 
an  order  approving  the  same,  and  shall  in  said  order  fix  the 
compensation  of  the  said  commissioners,  and  shall  direct  that 
the  said  order,  together  with  the  petition  and  oaths  and  all  other 
papers  pertaining  to  the  said  matter,  be  filed  in  the  office  of  the 
clerk  of  said  county,  and  the  said  petition,  oaths,  report,  order, 
and  other  papers  shall  be  recorded  by  the  said  clerk  in  the  Book 
of  Incorporation  provided  by  law  to  be  kept  in  his  office. 

SEO.  20. — Same — Powers,  diplomas,  etc. — That  thereupon 
the  said  corporation  may,  by  its  regents,  trustees,  or  other  gov- 
ernment officer  or  officers  thereof,  upon  the  recommendation  of 
the  faculty  of  said  institution,  issue  diplomas  and  confer  de- 
grees and  honors,  as  provided  in  section  1  of  this  act. 

CORPORATIONS    FORMED    BY    SPECIAL   ACTS. 

SEC.  2 1 . — Reorganization. — The  Nebraska  university,  an  in- 
corporation formed  under  a  special  a-ct  of  the  legislature  of  the 
territory  of  Nebraska,  approved  July  25,  1858,  and  amended  by 
an  act  approved  October  25,  1858,  and  all  other  incorporations 
formed  under  the  special  acts  of  the  legislature  of  the  territory 
of  Nebraska,  previous  to  the  approval  of  the  general  incorpora- 
tion law,  may  be  and  are  hereby  empowered  through  their  trus- 
tees, to  reorganize  under  the  general  incorporation  law  of  this 
state. 

SEC.  22. — Powers  of  trustees. — The  trustees  of  any  incorpo- 
ration reorganized  according  to  section  one  of  this  act,  shall  be 
and  are  hereby  empowered  to  act  as  successors  of  such  former 
trustees,  and  to  hare  and  to  hold,  and  to  take  legal  possession  ef 
all  franchises,  rights,  privileges,  and  estates,  of  said  special  in- 
corporation against  all  persons  whatsoever,  and  for  the  interest 

SEGS.  21,  22.  "An  act  to  provide  for  the  reorganizing  under  the  general  law 
of  incorporations,  of  all  incorporations  heretofore  formed  under  special  acts.'* 
Laws,  1STL,  106. 


Subdiv.  21. 


SCHOOL  LANDS  AND  FUNDS. 


145 


and  purposes  of  the  original  incorporation,  and  for  no  other 
purposes  whatever. 

CHANGING    NAME   OP   EDUCATIONAL  INSTITUTIONS. 

SEC.  23.  —  Powers  of  trustees.  —  That  the  trustees  of  any  in- 
corporated educational  institution  in  this  state  shall  have  the 
power,  by  and  with  the  consent  of  the  body  or  association  by 
which  snch  trustees  are  elected,  to  change  the  name  and  grade 
of  such  institution;  and  thereupon  all  the  property  of  such  in- 
stitution shall  pass  into  the  hands  and  control  of  the  trustees 
of  the  succeeding  institution,  together  with  all  the  rights,  privi- 
leges, immunities,  and  franchises,  belonging  to  the  originally  in- 
corporated institution;  and  all  official  action  taken  by  the  trus- 
tees of  such  succeeding  institution  of  altered  grade  shall  be  and 
are  hereby  declared  legal  and  binding. 

SEC.  24.  —  Acts  legalized.  —  Any  action  heretofore  taken  by 
any  educational  institution  in  this  state,  of  a  nature  similar  to 
the  provisions  contained  in  section  one  of  this  act,  is  hereby 
legalized  and  declared  valid  and  binding  upon  all  persons  what- 
soever. 


SUBDIVISION  XXL—  SCHOOL  LANDS  AND  FUNDS.  * 


1.  Board    of    educational    lands    and 

funds. 

2.  Investment. 

4.  Appraisement,   reappralsement. 

5.  Records. 

6.  Payments. 

7.  Deed. 

8.  Interest 

9.  Extension  for  final  payment. 

10.  Partial  payments. 

11.  May  be  sold  for  school,  church,  or 

cemetery  purposes. 

12.  Notify   county   clerk   when   deed  is 

made. 

13.  Subject  to  tax. 

14.  Taxes  wrongfully  levied. 

15.  Application     for    lease  —  Auction  — 

Bonus— Failure  to  pay  rent. 

16.  New  lease. 

17.  Lease  forfeited. 


18.  Assignment. 

19.  Appraisers. 

20.  Town  lots. 

21.  Trespass. 


23. 

24.  Same. 

25.  Fines  and  penalties. 

26.  Unclaimed  fees  and  costs. 

27.  Fines,   penalties,    and  forfeiture*. 

28.  Same,  how  apportioned. 

29.  Escheats. 

SO.  Five  per  cent  fund. 
31   Governor  receive   moneys    due   tne 
state. 

32.  Treasurer  collect  school  fund, 

33.  Attorney  general  prosecute. 

34.  Cancellation  of  mortgag*. 

35.  Securing  loan. 

36.  Judgments. 

37.  Bonds,  held  by  state. 


SECTION  1.— Board  of  educational  lands  and  funds.—-That 
the  board  of  commissioners  provided  for  in  section  1,  article  8, 
of  the  constitution  shall  cause  all  school,  university,  agricultural 
college,  and  normal  tchool  lands  BOW  owned  by,  or  the  title  to 
which  may  hereafter  vest  in,  the  state  to  be  registered,  teased, 
and  sold  as  hereinafter  provided,  and  sfcail  have  the  general 
management  and  control  of  said  lands,  and  make  therefor  the 

*This  is  chapter  80  of  the  Compiled  Statutes. 


146  SCHOOL   LAWS   OP   NEBRASKA.  Subdiv.    21. 

necessary  rules  not  provided  by  law.  The  funds  arising  from 
these  lands  shall  be  disposed  of  in  the  manner  provided  by  the 
constitution,  this  act,  and  other  laws  of  Nebraska  not  incon- 
sistent herewith.  Said  board  shall  meet  on  the  second  Tuesday 
of  each  month.  The  governor  shall  be  chairman  and  the  com- 
missioner of  public  lands  and  buildings  shall  be  secretary  of 
the  board.  In  the  absence  of  either,  any  member  of  the  board 
may,  upon  motion  duly  carried,  act  in  his  behalf.  They  shall 
keep  a  record  of  all  proceedings  and  orders  made  by  them.  No 
order  shall  be  made  except  upon  the  concurrence  of  at  least 
three  members  of  said  board. 

SEC.  2. — Investment. — Said  board  shall,  at  their  regular  meet- 
ings, make  the  necessary  orders  for  the  investment  of  the  princi- 
pal of  the  fund  derived  from  the  sale  of  said  lands,  then  in  the 
treasury,  but  none  of  said  funds  shall  be  invested  or  loaned  ex- 
cept on  United  States  or  state  securities,  state  warrants,  and 
registered  county  bonds. 

SEC.  3. — Abstracts. — The  commissionei  of  public  lands  and 
buildings  shall  keep  in  his  office  a  full  and  complete  abstract  of 
all  the  educational  lands  of  the  state  of  Nebraska  and  such 
other  records  as  are  necessary  to  show  the  condition  of  each 
tract  of  land  from  the  time  title  was  acquired  by  the  state. 

SEC.  4. — Appraisement,  reappraisement. — The  board  of 
educational  lands  and  funds  may,  when  they  deem  it  to  the  best 
interests  of  the  state,  cause  any  lands  not  und,er  sale  or  lease 
contracts,  the  leasing  of  which  is  regulated  by  this  act,  to  be 
appraised  or  reappraised  by  a  majority  of  the  board  of  county 
commissioners  or  three  of  the  county  supervisors  of  the  county 
in  which  the  land  is  located.  When  the  board  of  educational 
lands  and  funds  have  ordered  the  appraisement  of  any  of  the 
educational  lands  in  any  county,  a  majority  of  the  board  of 
county  commissioners  or  three  of  the  county  supervisors,  as  the 
case  may  be,  shall  subscribe  to  an  oath,  before  some  proper 
officer,  that  they  will  appraise  the  lands  embraced  in  the  order 
of  said  board  at  their  true  value  according  to  the  best  of  their 
knowledge  and  belief.  And  shall  then  proceed  to  view  and 
appraise  the  prairie  lands  in  tracts  not  to  exceed  forty  acres 
each,  the  timber  lands  in  tracts  not  to  exceed  ten  acres  each, 
and  to  record  the  material  facts  of  said  appraisement  upon  the 
record  books  of  their  proceedings  and  deliver  said  appraisement 
to  the  board  of  educational  lands  and  funds.  Said  appraise- 
ment shall  be  reviewed  by  said  board  and,  if  found  by  them  to  be 
out  of  proportion  to  the  true  value  of  the  lands  affected  thereby, 


Subdiv.  21.  SCHOOL  LANDS  AND  FUNDS.  147 

they  may  reject  the  same  and  appoint  three  disinterested  free- 
holders of  the  county  in  which  said  lands  are  situated  to  reap- 
praise the  same.  The  appraisement  which  is  approved  by  said 
board  shall  be  deemed  the  true  value  of  said  lands  and  entered 
upon  the  records  of  the  commissioner  of  public  lands  and  build- 
ings and  upon  the  school  land  abstract  of  the  treasurer  of  the 
county  in  which  the  land  is  located. 

SEC.  5. — Records. — The  board  of  educational  lands  and  funds 
shall  furnish  to  the  respective  county  treasurers  such  books, 
records,  and  information  as  are  necessary  to  conduct  the  school 
land  business  of  their  respective  counties.  It  shall  be  the  duty 
of  the  county  treasurer  to  thereafter  enter  in  said  records  the 
school  land  transactions  in  his  county  and  to  use  due  diligence 
to  collect  all  money  by  his  books  or  the  records  of  the  commis- 
sioner of  public  lands  and  buildings  found  to  be  due,  and  to 
receive  payments  upon  the  educational  lands  as  herein  provided, 
and  deliver  to  the  payor  his  receipt  therefor,  and  to  the  commis- 
sioner of  public  lands  and  buildings  a  duplicate  of  said  receipt 
which,  if  found  correct  by  said  commissioner,  shall  be  entered 
upon  his  records  and  filed  with  the  auditor  of  public  accounts; 
and  said  auditor  shall  charge  such  county  treasurer  with  the 
amount  of  money  received  as  principal  and  interest,  separately. 
And  all  moneys  so  received  shall  be  paid  by  the  officers  receiving 
the  same  to  the  state  treasurer,  specifying  whether  said  money 
is  from  the  common  school,  normal  school,  university,  or  agricul- 
tural college  lands,  and  such  money  shall  be  held  for  the  princi- 
pal of  the  funds  derived  from  these  lands  or  from  the  temporary 
funds  belonging  thereto,  as  the  case  may  be.  Upon  the  payment 
by  said  county  treasurer  of  said  money  to  the  state  treasurer 
and  presentation  of  the  state  treasurer's  receipt  to  the  auditor 
of  public  accounts,  he  shall  credit  said  county  treasurer  with 
the  amount  of  the  same. 

SEC.  6. — Payment^. — Nothing  in  this  act  shall  be  construed  to 
violate  existing  contracts  of  sale.  Payments  of  principal  and 
interest  may  be  made  as  therein  provided  and  shall  be  endorsed 
thereon  by  the  county  treasurer.  Upon  any  public  or  private 
sale  heretofore  made  of  lands  upon  which  full  payment  has  not 
been  made,  the  commissioner  of  public  lands  and  buildings  shall 
have  authority  to  issue  a  certificate  of  purchase  with  the  seal  of 
his  office  thereto  attached,  showing  the  land  purchased,  the 
amount  paid,  the  amount  due,  and  the  time  when  the  interest 
and  principal  are  due,  and  upon  payment  of  such  amount  accord- 
ing to  law  the  purchaser  or  his  assignee  shall  be  entitled  to  a 
deed  of  said  land,  as  herein  provided. 


148  SCHOOL   LAWS   OP   NEBRASKA.  Subdiv.    21. 

SEC.  7. — Deed. — When  the  board  of  educational  lands  and  funds 
becomes  satisfied  that  full  payment  has  been  made  on  any  tract 
of  land  heretofore  sold,  the  governor  shall,  under  the  great  seal 
of  the  state,  issue  a  deed  therefor  to  the  purchaser  or  his  assigns, 
and  all  deeds  so  issued  shall  be  attested  by  the  commissioner  of 
public  lands  *  and  buildings  and  a  record  thereof  kept  in  his 
office. 

SEC.  8.— Interest. — The  owner  of  a  sale  contract  may,  at  any 
time,  pay  any  portion  of  the  purchase  price  thereof  to  the  treas- 
urer of  the  county  in  which  the  land  is  situated ;  Provided,  That 
all  interest  at  that  time  earned  and  due  has  first  been  paid;  and, 
when  the  principal  is  paid  in  full,  other  than  at  the  first  of  the 
year,  interest  upon  the  obligation  having  been  paid  for  the 
entire  year,  the  county  treasurer  receiving  such  principal  pay- 
ments may  refund  to  the  payor,  out  of  any  interest  money  then 
in  his  hands,  the  interest  so  paid  in  advance,  in  excess  of  the 
amount  earned  and  due  at  the  time  said  final  payment  is  made. 

SEC.  9. — Extension  for  final  payment. — At  the  time  of  ma- 
turity of  any  sale  contract,  upon  application  by  the  holder 
thereof,  the  board  of  educational  lands  and  funds  is  hereby  em- 
powered to  make  an  extension  of  the  time  of  final  payment  of 
not  less  than  five  years  nor  more  than  ten  years  from  the  date  of 
such  maturity  if,  in  their  judgment,  the  interests  of  the  school 
fund  will  be  best  served  thereby;  and  if  all  interest  due  thereon 
has  been  paid. 

SEC.  10. — Partial  payments. — Any  person  who  has  purchased 
any  of  the  school  lands  of  this  state  who  may  desire  to  surren- 
der portions  and  retain  other  portions,  not  less  than  forty  acres 
of  the  same,  shall,  upon  executing  a  release  in  writing  to  the 
state  of  Nebraska  for  such  lands  surrendered,  be,  by  the  county 
treasurer  and  the  commissioner  of  public  lands  and  buildings, 
credited  on  the  unpaid  principal  upon  the  portion  of  land  re- 
tained by  such  person,  the  amount  of  money  paid  as  principal 
upon  such  land  so  surrendered;  Provided,  All  interest,  due  at 
the  time  of  such  surrender,  has  been  paid. 

SEC.  1 1 . — May  be  sold  for  school,  church,  or  cemetery 
purposes. — None  of  the  educational  lands  may  hereafter  be  sold 
except  for  school,  church,  or  cemetery  purposes  as  hereinafter 
provided.  Any  school  district  in  which  there  may  be  any  educa- 
tional land  belonging  to  the  state  may  purchase  from  the  state, 
for  school  purposes,  any  portion  thereof,  not  exceeding  forty 
acres.  Any  church  or  cemetery  association  or  corporation 


Subdiv.  21.  SCHOOL  LANDS  AND  FUNDS.  149 


n; 
it 

c« 


having  control  of  a  cemetery  may  purchase  from  the  state,  for 
its  use,  any  of  the  educational  land,  not  exceeding  ten  acres, 
he  purchases  of  said  land  by  said  school  district,  church,  or 
emetery  association  or  corporation  having  control  of  a  ceme- 
tery may  be  made  by  applying  to  the  county  commissioners  of 
the  county  in  which  the  land  is  located  to  have  the  same  ap- 
praised for  the  purpose  of  sale.  The  commissioners  shall  make 
said  appraisement  and  report  the  same  to  the  board  of  educa- 
tional lands  and  funds,  and  if  said  board  approve  said  ap- 
praisal, deed  may  be  issued  to  said  purchaser  in  the  manner 
provided  by  section  seven  of  this  act  upon  said  purchaser  pay- 
ing the  appraised  value  thereof  to  the  treasurer  of  the  county 
in  which  said  land  is  located;  Provided,  That  if  said  land  is 
under  lease  contract  the  purchaser  shall  first  obtain  from  the 
owner  of  said  contract  a  release,  in  writing,  of  the  portion  of 
land  covered  thereby,  which  is  sought  to  be  purchased;  (if)  the 
land  is  held  under  a  contract  of  sale  said  purchaser  shall  obtain 
from  the  owner  of  said  sale  contract  a  release,  in  writing,  of  the 
portion  of  land  covered  thereby,  which  is  sought  to  be  purchased 
for  said  special  purpose;  and  may  obtain  from  the  state  a  deed 
therefor  at  the  price  provided  in  said  contract  of  sale,  and  the 
sum  so  paid  the  state  shall  be  deducted  from  the  note  given  by 
the  original  purchaser  for  the  land  embraced  in  his  said  sale 
contract. 

SEC.  12. — Notify  county  clerk  when  deed  is  made. — The 
commissioner  of  public  lands  and  buildings  is  hereby  directed  to 
certify  to  the  county  clerk  of  each  county  in  Nebraska  a  list  of 
all  of  the  educational  lands  in  their  respective  counties  which 
have  been  deeded;  and  to  hereafter  notify  the  county  clerk  when 
a  deed  of  any  educational  land  in  his  county  is  issued;  and  the 
county  clerks  of  the  respective  counties  are  hereby  directed  to 
•enter  said  lands  upon  the  tax  list  of  said  county,  upon  receipt  of 
either  of  said  notices. 

SEC.  13. — Subject  to  tax. — School  lands  heretofore  sold  shall 
not  be  taxed  until  the  right  to  a  deed  shall  have  become  abso- 
lute, except  for  the  value  of  the  interest  of  such  purchasers, 
which  interest  shall  be  determined  by  the  amount  paid  aad  the 
amount  invested  in  improvements  on  such  land;  Provided,  That 
when  such  lands  shall  be  situated  within  the  limits  of  any  city 
or  village  and  shall  hare  been  subdivided  into  lots,  then,  and  in 
such  case,  the  same  shall  be  subject  to  all  special  assessments 
for  sidewalk,  grading,  paving,  guttering,  curbing,  sewerage,  and 
all  other  municipal  improvements  in  the  same  manner  as  other 


150  SCHOOL   LAWS   OF   NEBRASKA.  Subdiv.    21. 

lots  and  lands  in  such  city  or  village,  except  that  a  sale  of  such 
school  lots  to  collect  such  assessment  or  assessments  shall  only 
pass  the  interest  or  title  of  the  purchaser  from  the  state,  his 
heirs,  or  assigns,  and  his  or  their  right  to  a  conveyance  of  the 
same  upon  the  payment  of  any  residue  of  the  purchase  price  or 
interest. 

SEC.  14. — Taxes  wrongfully  levied. — Moneys  received  by 
the  county  treasurers  of  the  several  counties  within  the  state  of 
Nebraska  on  account  of  taxes  wrongfully  levied  on  educational 
lands  of  the  state  held  under  lease  or  sale  contracts,  shall  be  by 
the  respective  county  treasurers,  repaid  without  interest,  to  per- 
sons paid  the  same,  or  their  representatives,  upon  orders  in  that 
behalf  made  by  the  county  commissioners  or  supervisors  of  the 
respective  counties.  But  no  order  shall  be  made  for  such  repay- 
ment except  upon  the  production  of  the  county  treasurer's 
receipt,  or  [for]  taxes  so  paid.  The  county  commissioners,  or 
supervisors  of  any  county  where  school  lands  have  been  wrong- 
fully taxed  and  the  taxes  have  not  yet  been  paid,  shall  order 
the  county  treasurer  to  cancel  the  same. 

SEC.  15. — Application  for  lease — Auction — Bonus — Fail- 
ure to  pay  rent. — All  unsold  lands  shall  be  subject  to  lease  at  an 
annual  rental  of  6  per  cent  on  the  appraised  value,  except  as 
hereinafter  especially  provided.  Applications  for  the  lease  of 
any  such  land  shall  be  made  to  the  county  treasurer,  at  the 
county  seat,  and  shall  contain  an  affidavit  that  the  applicant  is 
not  the  owner  of  a  lease  of  more  than  640  acres  of  state  educa- 
tional lands,  including  the  amount  called  for  in  the  application, 
and  that  he  desires  the  lease  for  his  own  use  and  benefit;  and 
such  application  shall  be  accompanied  by  the  amount  due  as 
rental  to  the  first  day  of  July  or  January  next  following,  unless 
a  shorter  time  than  three  months  intervene  between  the  date  of 
said,  application  and  the  first  day  of  the  following  January  or 
July,  in  which  case  the  applicant  shall  pay  rental  for  6  months 
in  addition  to  the  time  between  the  application  date  and  the  first 
day  of  July  or  January  next  following;  Provided,  if  two  or 
more  parties  desire  to  lease  the  same  land,  the  treasurer  or  com- 
missioner of  public  lands  and  buildings,  if  he  be  present,  shall 
proceed  to  auction  off  and  lease  the  same  to  the  person  who  will 
pay  for  a  lease  contract  on  said  land  the  greatest  amount  of  cash 
bonus  in  addition  to  6  per  cent  of  the  appraised  value  as  an- 
nual rental;  except,  that  the  commissioner  of  public  lands  and 
buildings  may,  at  least  once  in  each  ye^ar,  designate  a  day  and 
hour  for  offering  in  a  public  manner,  at  the  office  of  the  county 


Subdiv.  21.  SCHOOL  LANDS  AND  FUNDS.  151 

treasurer,  in  the  respective  counties,  lease  contracts  on  all  of 
the  educational  lands  which  may  be  vacant  and  subject  to  lease 
in  that  county  at  the  time  of  such  offering.  He  shall  announce 
said  offering  in  a  public  manner  by  publishing  for  at  least  three 
weeks  preceding  said  auction  in  one  or  more  of  the  newspapers 
published  or  of  general  circulation  in  the  county  in  which  said 
unleased  land  is  located,  and  shall,  at  the  time  arranged,  be  at 
the  office  of  the  county  treasurer  of  the  county  in  which  said 
land  is  located,  and  offer  the  same  for  lease  as  heretofore  pro- 
vided; if  after  using  due  diligence  to  lease  said  land  at  an 
annual  rental  of  6  per  cent  upon  the  appraised  valuation,  the 
commissioner  is  unable  to  do  so,  he  may  offer  the  same  for  lease 
at  less  than  the  appraised  valuation  and  lease  it  to  the  person  or 
persons  who  will  pay  6  per  cent  on  the  highest  offered  valuation, 
as  annual  rental,  if,  in  his  judgment,  it  is  to  the  best  interests  of 
the  state  to  accept  such  bid;  but  he  may  reject  the  same  and 
pass  said  land  without  leasing  at  said  auction.  Said  valuation, 
so  determined,  shall  be  considered  the  appraisement  of  said  land 
for  leasing  purposes  until  the  same  is  re-appraised,  as  provided 
by  law;  and  said  valuation  so  established  shall  be  entered  upon 
the  school  land  records  of  the  county  treasurer  and  upon  the 
records  of  the  commissioner  of  public  lands  and  buildings;  Pro- 
vided, If  said  commissioner  is  unable  to  attend  the  offering  afore- 
said, his  deputy  or  the  county  treasurer  may,  upon  his  direction, 
act  in  his  stead,  and  provided  the  auction  may  be  adjourned 
from  day  to  day  until  all  of  said  lands  have  been  offered.  Upon 
payments  to  the  county  treasurer  of  the  rental  due  upon  said 
application  to  lease  he  shall  issue  his  receipt  in  duplicate,  and 
the  application  for  lease  and  the  duplicate  receipt  for  money  so 
paid  shall  be,  by  him,  transmitted  to  the  commissioner  of  public 
lands  and  buildings  who  shall,  if  the  foregoing  proceedings  ap- 
pear to  be  regular,  issue  and  transmit  to  the  county  treasurer  a 
contract  of  lease  to  be  by  him  delivered  to  the  lessee.  Each  lease 
shall  contain  a  covenant  or  contract  that  the  board  of  educa- 
tional lands  and  funds  may,  during  the  year  1888  and  every  five 
years  thereafter,  provide  for  the  reappraisal  of  such  land;  that 
the  lessee  will  promptly  pay  the  rental  semi-annually  in  ad- 
vance, and  that  no  waste  shall  be  committed  upon  said  land,  and 
that  the  premises  shall  be  surrendered  at  the  expiration  of 
twenty-five  years  from  the  first  day  of  January  next  ensuing 
after  the  date  of  lease,  or  sooner,  with  the  consent  of  the  com- 
missioner; that  the  lessee  will  pay  for  the  use  of  said  lands  the 
annual  rate  of  6  per  cent  per  annum  upon  the  appraised  value 


152  SCHOOL   LAWS   OF   NEBRASKA.  Subdiv.    21. 

of  said  land,  and  upon  a  failure  to  pay  said  rental  for  a  period 
of  6  months  from  the  time  said  payment  became  due,  the  said 
lease  may  be  forfeited  and  fully  set  aside  as  provided  in  this  act. 

SEC.  16. — New  lease. — The  holders  of  lease  contracts  executed 
prior  to  July  9,  1897,  are  hereby  given  the  right,  at  the  expira- 
tion of  said  contracts,  to  make  application  for  and  receive  new 
lease  contracts  upon  said  lands,  as  provided  in  the  preceding 
sections,  except  that  they  will  not  be  required  to  compete  for 
the  contracts  and  the  rate  of  rental  will  be  the  same  as  stipu- 
lated in  the  old  contract;  Provided,  That  all  of  the  rental  due  on 
the  old  contracts  has  been  paid. 

SEC.  1 7. — Lease  forfeited. — If  any  lessee  of  educational  lands 
shall  be  in  default  of -the  semi-annual  rental  due  the  state  for  a 
period  of  six  months,  or  if  any  purchaser  of  educational  lands 
be  in  default  of  the  annual  interest  due  the  state  for  one  year, 
the  commissioner  of  public  lands  and  buildings  may  cause  notice 
to  be  given  to  such  delinquent  lessee  or  purchaser  that,  if  such 
delinquency  is  not  paid  within  ninety  days  from  the  date  of  the 
service  of  such  notice,  his  lease  or  sale  contract  will  be  declared 
forfeited  by  the  board  of  educational  lands  and  funds.  '  Tf  the 
amounts  due  are  not  paid  within  ninety  days  from  the  date  of 
the  service  of  such  notice,  the  said  contract  of  lease  or  sale  may 
be,  by  said  board,  declared  forfeited  and  the  lands  therein  de- 
scribed shall  revert  to  the  state  the  same  as  though  such  lease 
or  sale  had  never  been  made.  The  order  making  such  forfeiture 
shall  be  spread  upon  the  records  of  the  board  of  educational  lands 
and  funds.  The  service  of  the  notice  herein  contemplated,  to  be 
made  by  registered  letter.  In  case  the  postoffice  address  of  the 
owner  of  such  contract  of  sale  or  lease  be  unknown  the  notice 
herein  contemplated  shall  be  published  three  weeks  in  some  news- 
paper published  or  of  general  circulation  in  the  county  where 
the  land  is  situated.  The  forfeiture  may  be  entered  by  said 
board  after  sixty  days  from  the  date  of  such  published  notice. 
The  provisions  of  this  section  shall  apply  alike  to  all  the  lands 
heretofore  sold  or  leased  and  to  all  lands  hereafter  leased  as 
educational  lands  of  this  state.  In  serving  the  notices  of  de- 
linquency and  forfeiture  herein  provided  for  the  commissioner 
shall  recognize  as  the  lessee  or  owner  of  the  lease  or  sale  con- 
tract the  person,  or  persons  whose  title  appears  last  of  record 
in  his  office ;  Provided,  the  owner  of  any  contract  of  sale  or  lease 
so  forfeited  may  redeem'  the  same  by  paying  all  delinquencies, 
fees,  and  costs  of  forfeiture  at  any  time  before  such  land  is  ad- 
vertised to  be  leased  at  public  auction ;  Provided,  further,  That 
the  commissioner  of  public  lands  and  buildings  is  hereby  re- 


Subdiv.  21.  SCHOOL  LANDS  AND  FUNDS.  153 

quired  to  serve  such  notice  of  delinquency  and  proceed  with 
forfeiture,  as  stated  in  such  notice  at  least  once  in  each  year. 

Movable  improvements  on  lands  so  reverting  to  the  state  shall 
be  sold  under  the  direction  of  the  commissioner  of  public  lands 
and  buildings  at  public  auction  and  the  proceeds  received  there- 
from shall  inure  to  the  holder  of  delinquent  contract,  after  pay- 
ment shall  have  been  made  to  the  state  for  delinquent  interest  or 
rental  and  expenses  incurred  in  holding  said  auction. 

SEC.  18. — Assignment. — No  assignment  of  a  school  land  lease 
or  sale  contract  shall  be  valid  until  recorded  in  the  office  of  the 
commissioner  of  public  lands  and  buildings,  and  shall  not  be 
eligible  to  such  record  if  there  are  any  payments  of  interest  or 
rental  due  at  the  time  said  assignment  is  offered  for  record. 

SBC.  19. — Appraisers. — The  appraisers  of  all  lands  under  this 
act  shall  be  allowed  the  sum  of  $3  per  day  for  their  services  and 
f  3  per  day  for  one  team  for  their  use,  and  in  all  cases  where  it 
becomes  necessary  to  have  a  survey  made  in  order  to  find  the 
corners  and  boundaries  of  the  land  to  be  appraised,  the  said  ap- 
praisers are  hereby  authorized,  under  the  direction  of  the  board 
of  educational  lands  and  funds,  to  employ  a  competent  surveyor 
to  accompany  them,  who  shall  receive  for  his  services  not  to  ex- 
ceed f  5  per  day.  The  publisher  of  any  advertisement  in  con- 
nection with  the  forfeiture  or  leasing  of  any  educational  lands 
shall  be  allowed  the  fees  fixed  by  law  for  publishing  legal  no- 
tices. The  commissioner  of  public  lands  and  buildings  shall  be 
reimbursed  for  the  actual  expense  incurred  in  leasing  and  other- 
wise looking  after  the  educational  lands.  All  accounts  for 
services  or  expenditures  ordered  by  the  board  of  educational 
lands  and  funds  shall  be  examined,  and,  if  found  to  be  correct, 
approved  by  said  board,  and  shall  be  paid  by  warrants  drawn  on 
the  appropriation  placed  at  their  disposal.  Oonnty  treasurers 
shall  be  allowed  as  compensation  for  the  collection  of  all  educa- 
tional land  fundi  one  per  cent  of  all  such  funds  collected  by 
them,  and  the  auditor  of  public  accounts  is  hereby  authorized 
and  required  to  issue  warrants  in  payment  thereof  at  the  time 
and  in  the  same  manner  as  provided  by  law  for  the  payment  of 
county  treasurers'  fees  for  the  collection  of  state  taxes. 

SEC.  20. — Town  lots. — Any  portion  of  the  lands  of  this  state 
governed  by  this  act,  adjoining  the  site  of  any  city  or  town,  may 
be  subdivided  into  lots  and  leased  as  herein  provided.  The  board 
being  satisfied  that  by  a  division  of  any  such  tract  into  lots,  the 
lease  of  the  same  can  b«  made  for  a  greater  amount  than  if 
leased  in  tracts  of  forty  acres,  as  herein  provided,  shall  have  the 
authority  to  employ  the  necessary  surveyors  and  cause  wich 


154  SCHOOL   LAWS   OF   NEBRASKA.  SubdlV.    21. 

tracts  to  be  subdivided  into  lots  and  tracts  of  such  size  as  they 
may  determine,  and  a  plat  of  the  same  shall  be  made  and  filed 
for  record  in  the  office  of  the  county  clerk.  Such  lots  shall  be 
appraised  by  the  appraisers  to  be  appointed  by  the  board,  none 
of  whom  shall  be  occupants  of  the  land  to  be  leased.  Tracts  of 
land  so  subdivided  and  appraised  shall  be  leased  according  to 
the  provisions  of  this  act.  The  commissioner  of  public  lands  and 
buildings  shall  give  thirty  days'  notice  of  such  letting  and  pub- 
lish the  same  in  a  newspaper  of  general  circulation  published  in 
the  county  in  which  said  lots  are  situated.  Each  notice  shall 
contain  a  list  of  the  lots  to  be  leased  and  the  appraised  value  of 
each.  The  leasing  of  such  lots  shall  take  place  on  the  day  ap- 
pointed under  the  direction  of  the  commissioner,  and  shall  be 
leased  to  the  highest  bidder,  but  in  no  case  for  less  than  6  per 
cent  of  the  appraised  value.  Lots  remaining  unleased  shall  be 
again  offered  for  lease  at  public  auction  at  such  time  as  the 
board  shall  direct,  and  the  said  commissioner  may  adjourn  the 
leasing  from  day  to  day  until  all  the  lots  are  offered. 

SEC.  2 1 . — Trespass. — If  any  person  shall  commit  waste  or  tres- 
pass or  other  injury  upon  any  of  the  lands  herein  referred  to, 
the  person  so  offending  shall,  on  conviction  thereof,  be  fined  in  a 
sum  not  less  than  $25  nor  exceeding  $1,000. 

SEC.  22. — Cutting  timber. — If  any  purchaser  of  timber  land 
shall,  before  receiving  his  title  in  fee  simple  therefor,  cut  or 
destroy  any  timber  on  said  land  more  than  may  be  actually 
necessary  for  the  building  and  repairing  of  fences  and  for  the 
family  of  the  occupant,  he  or  she  shall  be  liable,  in  a  civil  action, 
for  the  recovery  of  the  amount  of  damages  done  to  the  land. 

SEC.  23. — Duties  of  civil  officers. — All  civil  officers,  upon  in- 
formation on  oath,  or  of  their  own  knowledge,  shall  cause  any 
person  committing  any  of  the  offenses  mentioned  in  section  21 
of  this  act,  to  be  brought  before  them  by  a  like  process  as  in 
criminal  oases,  and  to  enter  into  recognizance  for  his  appearance 
at  the  district  court  of  the  state,  to  be  held  in  the  county  where 
said  lands  are  located,  on  the  first  day  of  the  next  term  thereof, 
and  in  default  of  such  recognizance  they  shall  commit  such  per- 
son to  the  jail  of  the  county. 

SEO.  24. — Same. — The  judges  of  the  district  court  shall  give  the 
twenty-first  section  of  this  act  in  special  charge  to  the  grand 
jury  at  each  term,  who  are  required  to  especially  inquire  into 
and  make  presentment  of  all  offenses  committed  against  the 
provisions  of  the  same. 


Subdiv.  21.  SCHOOL  LANDS  AND  FUNDS.  155 

SEC.  25.— Fines  and  penalties. — All  fines  and  penalties  accru- 
ing under  the  provisions  of  this  act  shall  be  paid  into  the  county 
treasury  by  the  officer  collecting  the  same,  who  shall  take  du- 
plicate receipts  therefor,  one  of  which  he  shall  file  in  the  office 
of  the  county  clerk,  and  such  funds  shall  be  apportioned  among 
the  schools  of  the  county  where  the  same  accrued,  on  the  same 
basis  as  other  money,  applicable  to  the  support  of  the  schools, 
is  required  by  law  to  be  apportioned. 

SEC.  26.— Unclaimed  fees  and  costs. — All  unclaimed  fees 
and  costs  which  have  been  paid  and  not  demanded  for  two  years 
shall  be  paid  in  by  the  justice  or  clerk  of  any  court  under  whose 
control  such  unclaimed  fees  and  costs  may  be,  to  the  school  fund 
of  the  respective  counties  where  such  moneys  belong. 

SEC.  27. — Fines,  penalties,  and  forfeitures. — All  fines,  pen- 
alties, and  forfeitures  not  otherwise  specifically  appropriated 
shall  be  paid  in  to  augment  the  common  school  fund  of  the 
county  where  such  fines,  penalties,  and  forfeitures  properly  be- 
long. 

SEC.  28. — Same,  how  apportioned. — In  cities  and  villages 
whose  corporate  limits  form,  in  whole  or  in  part,  more  than  one 
school  district,  all  money  derived  from  fines,  penalties,  and 
licenses  shall  be  apportioned  to  the  several  districts  in  propor- 
tion to  the  number  of  persons  of  school  age  residing  in  each 
district,  included  in  whole  or  in  part  in  said  corporate  limits, 
according  to  the  school  census  taken  last  before  any  such  appor- 
tionment. 

SEC.  29. — Escheats. — All  property  real  or  personal  which  may 
now  belong  to  this  state  by  escheat,  or  that  may  hereafter 
escheat  to  the  state  for  want  of  owners,  shall  be  managed  by  the 
governor  and  superintendent  of  public  instruction,  and  such 
property  and  the  proceeds  thereof  shall  be  placed  in  the  tempo- 
rary school  fund  of  the  state. 

SEC.  30. — Five  per  cent  funds. — All  moneys  now  in  the  st  tte 
treasury  or  that  may  hereafter  be  received  from  the  United 
States  on  account  of  the  5  per  cent  fund  on  cash  sales  shall  be 
placed  to  the  credit  of  the  permanent  school  fund  of  the  state. 

SEC.  31. — Governor  receive  moneys  due  the  sta'e. — That 
the  governor  of  the  state  be,  and  he  is  hereby,  empowered  and 
directed  to  receive  from  the  United  States  all  moneys  that  may  be 
due  or  hereafter  become  due  to  the  state,  and  it  shall  be  his  duty 
to  deposit  the  same  without  delay  in  the  treasury  of  the  state, 
taking  the  treasurer's  receipt  therefor, 


infi  SCHOOL   LAWS   OF   NEBRASKA.  Subdiv.    21. 

SBC.  32.— Treasurer  collect  school  fund. — That  the  state 
treasurer  is  hereby  authorized  and  directed  to  institute  suit  on 
behalf  of  the  state  of  Nebraska  in  the  proper  courts  of  the  sev- 
eral counties  for  the  foreclosure  and  collection  of  any  and  all 
securities  held  by  the  permanent  school  fund  of  this  state,  such 
suits  to  be  prosecuted  in  the  name  of  the  state,  against  any  and 
all  persons  indebted  to  said  fund  upon  said  securities  and  the 
judgments  recovered  and  the  moneys  collected  thereon  shall 
belong  to  said  school  fund. 

SEC.  33. — Attorney  general  prosecute. — The  attorney  gen- 
eral is  hereby  required,  upon  request  of  the  state  treasurer,  to 
perform  all  necessary  legal  labor  in  the  preparation  and  prose- 
cution of  any  suit  necessary  to  be  brought,  in  order  to  compel 
the  payment  of  any  such  securities  or  the  interest  due  or  to 
become  due  thereon. 

SEC.  34. — Cancellation  of  mortgage. — Upon  the  payment  of 
any  mortgage  or  other  security  held  by  said  school  fund  the 
state  treasurer  is  hereby  authorized  and  required  to  discharge 
and  cancel  the  same  of  record  in  the  manner  required  by  law. 

SEC.  35.— Securing  loan.— If  the  governor,  treasurer,  and 
auditor  of  public  accounts  shall  deem  it  for  the  best  interest  of 
the  state  to  take  a  conveyance  of  the  land  mortgaged,  to  secure 
any  loan  of  the  permanent  school  fund  heretofore  made,  or  other 
land  in  lieu  thereof,  then,  and  in  that  case,  the  treasurer  is 
hereby  authorized  to  cancel  and  discharge  of  record  any  mort- 
gage heretofore  given  to  the  state  for  the  benefit  of  the  perma- 
nent school  fund  when  such  conveyance  of  such  lands  as  the  said 
governor,  treasurer,  and  auditor  of  public  accounts  may  require 
to  be  made,  shall  have  been  duly  executed  and  delivered  to  the 
state  for  the  benefit  of  the  permanent  school  fund. 

SEC.  36. — Judgments. — That  all  moneys  now  in  the  treasury 
of  the  state  arising  from  collections  on  judgments  in  favor  of 
the  state,  as  well  as  all  moneys  which  shall  hereafter  be  col- 
lected on  such  judgments,  shall  be  transferred  and  paid  into  the 
permanent  school  fund  and  become  a  part  thereof. 

SEC.  37. — Bonds,  held  by  state. — That  all  bonds  held  by  the 
state  of  Nebraska  and  belonging  to  the  permanent  school  fund 
shall  be  stamped  and  signed  by  the  state  treasurer,  with  the 
following  words:  "This  bond  belongs  to  the  permanent  school 
fund  of  the  state  of  Nebraska,  and  is  not  negotiable.  Signed  by 
. .  state  treasurer/' 


MISCELLANEOUS.  1 57 

MISCELLANEOUS. 

[The  following  sections  are  not  strictly  "School  Laws,"  but 
they  are  of  such  interest  to  teachers  and  school  officers  as  to 
warrant  their  insertion  here:] 

LIBRARIES. 

SECTION  1 . — Establishment — Taxes. — The  city  or  town  coun- 
cil of  each  incorporated  city  or  town  shall  have  power  to  estab- 
lish and  maintain  a  public  library  and  reading  room  for  use  of 
the  inhabitants  of  such  city  or  town,  and  may  levy  a  tax  of  not 
more  than  two  mills  on  the  dollar  annually,  to  be  levied  and 
collected  in  like  manner  as  other  taxes  of  said  city  or  town,  and 
to  be  known  as  the  library  fund. 

SEC.  2. — Directors. — When  any  city  or  town  council  shall  have 
decided  by  ordinance  to  establish  and  maintain  a  public  library 
and  reading  room  under  this  act,  they  shall  elect  a  library  board 
of  nine  directors,  to  be'  chosen  from  the  citizens  at  large,  of 
which  board  neither  the  mayor  nor  any  member  of  the  city  or 
town  council  shall  be  a  member.  Such  directors,  first  elected, 
shall  hold  their  office,  three  for  the  term  of  one  year,  three  for 
the  term  of  two  years,  and  three  for  the  term  of  three  years, 
from  the  first  day  of  July  following  their  appointment,  and 
three  directors  shall  be  chosen  annually  thereafter,  and  in  cases 
of  vacancies  by  resignation,  removal,  or  otherwise,  the  council 
shall  fill  such  vacancy  for  the  unexpired  term,  and  no  director 
shall  receive  any  pay  or  compensation  for  any  services  rendered 
as  member  of  such  board,  and  such  directors  shall  give  such 
bond  as  the  council  may  require. 

8E<3.  3.— Same — Powers — Duties. — Such  directors  shall,  im- 
mediately after  their  appointment,  meet  and  organize,  by  elect- 
ing one  of  their  number  president  and  such  other  officers  as  may 
be  necessary.  Five  of  such  board  shall  be  a  quorum.  They  shall 
have  power  to  make  and  adopt  such  by-laws,  rules,  and  regula- 
tions for  their  own  guidance  and  for  the  government  of  the 
library  and  reading  room  as  they  may  deem  expedient,  subject 
to  the  supervision  and  control  of  the  city  or  town  council,  and 
not  inconsistent  with  this  act.  They  shall  have  exclusive  con- 
trol of  expenditures  of  all  moneys  collected  or  donated  to  the 
credit  of  the  library  fund,  and  of  the  renting  or  construction  of 
any  library  building,  the  supervision,  care,  and  custody  of  the 
grounds,  rooms,  or  buildings  constructed,  leased,  or  set  apart 
for  that  purpose. 


1§8  SCHOOL   LAWS  OP   NEBRASKA. 

SEC.  4. — Funds. — Any  tax  levied  or  collected,  or  funds  donated 
thereto,  shall  be  kept  for  the  use  of  such  library  separate  and 
apart  from  other  funds  of  said  city  or  town,  and  shall  be  drawn 
upon  by  the  proper  officers  upon  the  authenticated  vouchers  of 
the  library  boarjl,  and  shall  not  be  used  or  disbursed  for  any 
other  purpose. 

SEO.  5. —  Board — Powers — Rules. — The  library  board  shall 
have  power  to  purchase  or  lease  grounds;  to  erect, lease, or  occupy 
an  appropriate  building,  for  the  use  of  such  library;  to  appoint 
a  suitable  librarian  and  assistants,  to  fix  their  compensation, 
and  to  remove  their  appointments  at  pleasure;  and  shall  have 
power  to  establish  regulations  for  the  government  of  such 
library  as  may  be  deemed  necessary  for  its  preservation,  and  to 
maintain  its  usefulness  and  efficiency,  and  to  fix  and  impose  by 
general  rules,  penalties,  and  forfeitures,  for  trespasses,  or  injury 
upon  or  to  the  library  grounds,  rooms,  books,  or  other  property, 
or  failure  to  return  any  book,  or  for  violation  of  any  by-law  or 
regulation;  and  shall  have  and  exercise  such  power  as  may  be 
necessary  to  carry  out  the  spirit  and  intent  of  this  act,  in  estab- 
lishing and  maintaining  a  public  library  and  reading  room. 

SEC.  6. — Library  free. — Every  library  and  reading  room  estab- 
lished under  this  act  shall  be  forever  free  to  the  use  of  the  in- 
habitants of  the  city  or  town,  subject  always  to  such  reasonable 
regulations  as  the  library  board  may  adopt  to  render  said  library 
and  reading  room  of  the  greatest  use  to  the  inhabitants  of  said 
city  or  town,  and  the  board  may  exclude  from  the  use  of  the 
library  and  reading  rooms  any  person  who  shall  wilfully  violate 
or  refuse  to  comply  with  rules  and  regulations  established  for 
the  government  thereof. 

SEC.  7. — Report  of  board. — The  library  board  shall,  on  or  before 
the  second  Monday  in  June  in  each  year,  make  a  report  to  the 
city  or  town  council  of  the  condition  of  their  trust  on  the  first 
day  of  June  in  such  year,  showing  all  moneys  received  or  ex- 
pended, the  number  of  books  and  periodicals  on  hand,  news- 
papers and  current  literature  subscribed  for  or  donated  to  the 
reading  room  department;  the  number  of  books  and  periodicals 
ordered  by  purchase,  gift,  or  obtained  during  the  year,  and  the 
number  lost  or  missing;  the  number  of  visitors  attending;  the 
number  of  and  character  of  books  loaned  or  issued,  with  such 
statistics,  information,  and  suggestions  as  they  may  deem  of 
general  interest,  or  as  the  city  or  town  council  may  require, 
which  report  shall  be  verified  by  affidavit  of  the  proper  officers 
of  said  board. 


CHILD    LABOR.  159 

SEC.  8. — Regulations  amended. — Any  by-law  or  regulation 
established  by  the  library  board  may  be  amended  or  annulled 
by  the  council  of  said  city  or  town. 

SEC.  9. — Penalties,  how  recovered. — Penalties  imposed  or 
accruing  by  any  by-law  or  regulation  of  the  library  board  may 
be  recovered  in  a  civil  action  before  the  police  judge,  or  any 
justice  of  the  peace,  or  other  court  having  jurisdiction;  such 
action  to  be  instituted  in  the  name  of  the  "library  board  of  the 
city  or  town  library,"  and  moneys  collected  in  such  action  shall 
be  forthwith  placed  in  the  city  treasury  to  the  credit  of  the 
library  fund. 

SEO.  10. — Donations. — Any  person  may  make  any  donation  of 
money  or  lands  for  the  benefit  of  such  library,  and  the  title  to 
property  so  donated  may  be  made  to  and  shall  vest  in  the  library 
board,  and  their  successors  in  office,  and  such  board  shall 
thereby  become  the  owners  thereof  in  trust  to  the  uses  of  the 
public  library  of  such  city  or  town. 

SEC.  1 1 . — Exemptions. — The  property  of  such  library  shall  be 
exempt  from  execution,  and  shall  also  be  exempt  from  taxation 
as  other  public  property. 

SEO.  12. — Deposits  of  reading  matter  by  owners. — The 
library  board  shall  have  power  to  authorize  any  circulating 
library,  reading  matter,  or  work  of  art,  of  any  private  person, 
association  or  corporation,  to  be  deposited  in  the  public  library 
rooms,  to  be  drawn  or  used  outside  of  the  rooms  only  on  pay- 
ment of  such  fee  or  membership  as  the  person,  corporation,  or 
association  owning  the  same  may  require.  Deposits  may  be 
removed  by  the  owner  thereof  at  pleasure,  but  the  books  or 
other  reading  matter  so  deposited  in  the  rooms  of  any  such  pub- 
lic library  shall  be  separately  and  distinctly  marked,  and  kept 
upon  shelves  apart  from  the  books  of  the  public  city  or  town 
library,  and  every  such  private  or  associate  library,  or  other 
property  so  deposited  in  any  public  library,  while  so  placed  or 
remaining,  shall  be  subject  to  use  and  reading  within  the  library 
room  without  charge  by  any  person,  an  inhabitant  of  said  city  or 
town,  and  entitled  to  the  use  of  the  free  library. 


CHILD  LABOR. 

SECTION  1 . — That  any  male  or  female  child  under  the  age  of  ten 
years  shall  not  be  employed  in  any  manufacturing,  mechanical, 
industrial,  or  mercantile  establishment 


160  SCHOOL   LAWS   OF   NEBRASKA. 

SEC.  2. — That  any  male  or  female  child  under  the  age  of  fourteen 
years  shall  not  be  employed  in  any  manufacturing,  mechanical, 
industrial,  or  mercantile  establishment,  except  during  the  vaca- 
tiQns  of  the  public  schools;  unless  during  the  year  next  preceding 
such  employment  said  child  has  for  at  least  twenty  weeks  at- 
tended some  public  or  private  day  school  where  the  English  [lan- 
guage] is  taught;  nor  shall  such  employment  continue  unless 
such  child  shall  in  each  and  every  year  attend  school  as  herein 
provided,  and  no  child  shall  be  so  employed  who  does  not  pre- 
sent a  certificate  signed  by  the  president  and  secretary  of  the 
school  board  of  the  school  district  in  which  said  child  resides  of 
their  compliance  with  the  requirements  of  this  section.  Nor 
shall  any  owner,  superintendent,  or  overseer  of  any  such  estab- 
lishment, parent,  or  guardian  consent  to  or  permit  the  employ- 
ment of  any  child  contrary  to  the  provisions  of  this  act. 

SEC.  3. — Any  owner,  superintendent,  or  overseer  of  any  such 
establishment  shall  require  and  keep  on  file,  open  to  the  inspec- 
tion of  the  public,  a  certificate  of  the  age,  place  of  birth,  and 
residence  of  every  male  and  female  child  under  sixteen  years  of 
age  employed  therein,  so  long  as  such  child  is  so  employed; 
which  certificate  shall  also  state,  in  case  the  child  is  under  four- 
teen years  of  age,  the  amount  of  said  child's  school  attendance 
during  the  year  next  preceding  his  employment;  and  such  certifi- 
cate shall  be  signed  by  the  president  and  secretary  of  the  school 
board  of  the  school  district  in  which  such  child  resides;  and  the 
forms  of  certificate  herein  referred  to  shall  be  approved  by  the 
attorney  general  of  this  state. 

SEC.  4. — Any  person  who  shall  be  convicted  of  a  violation  of  any 
of  the  provisions  of  this  act  shall  pay  for  every  such  offense  a 
fine  of  not  less  than  |20  nor  more  than  |50;  Provided,  however, 
That  no  conviction  shall  be  had  under  this  act  unless  the  pro- 
ceedings therefor  shall  be  commenced  within  one  year  after  the 
offense  shall  have  been  committed. 

SEC. '5. — It  is  hereby  made  the  duty  of  the  deputy  labor  commis- 
sioner of  this  state,  upon  complaint  being  filed  with  him,  to  in- 
spect any  and  all  establishments  to  which  this  act  applies,  and 
ascertain  whether  any  of  the  provisions  of  this  act  have  been 
violated.  Whenever  it  shall  come  to  his  knowledge  that  any  of 
the  provisions  of  this  act  have  been  or  are  being  violated,  it  shall 
be  his  duty  to  cause  the  same  to  be  enforced;  Provided,  however, 
That  nothing  in  this  section  contained  shall  be  construed  to  pre- 
vent any  other  person  from  causing  the  enforcement  of  the  pro- 
visions of  this  act. 


KPATB   BOARD   OF    CHARITIES    AND   CORRECTIONS.  161 

PUBLIC  LIBRARY  COMMISSION. 

This  act  create*  a  public  library  commission,  detnes  its  duties, 
and  establishes  traveling  libraries.  The  governor  i«  to  anoint 
one  person  for  a  term  of  fire  years  who,  with  the  state  librarian, 
the  superintendent  of  public  instruction,  the  chancellor  aad  the 
librarian  of  the  University  of  Nebraska,  shall  constitute  the  com- 
mission. 


STATE  BOARD  OP  CHARITIES  AND  CORRECTIONS. 

This  act  establishes  a  state  board  of  charities  and  corrections 
and  defines  its  duties  and  powers.  The  governor  of  the  state, 
the  commissioner  of  public  lands  and  building!,  and  the  itate 
superintendent  of  public  instruction  constitute  the  board.  The 
board  shall  appoint  four  persons  as  advisory  secretaries  to  co- 
operate with  and  assist  them,  not  more  than  two  of  whom  shall 
belong  to  the  same  political  party.  It  is  the  duty  of  the  board 
to  inquire  into  the  whole  system  of  public  charities  and  the 
methods  of  and  practices  in  the  correctional  institutions  in  the 
state  and  counties,  and  to  ascertain  the  condition  thereof  from 
time  to  time  by  inspection  or  otherwise,  especially  of  prisons, 
jails,  ixifirmaries,  public  hospitals,  asylums,  reformatories  and 
industrial  schools,  etc.,  etc. 


FISH  AND  GAME  COMMISSION. 

This  is  an  act  to  protect  fish,  and  game,  song,  insectivorous 
and  other  birds  within  the  state  of  Nebraska;  to  provide  penal- 
ties for  the  violation  thereof;  and  to  create  a  fish  and  game 
commission,  and  to  define  its  powers  and  duties. 


PENALTY  FOR  ILLEGAL  VOTING. 

This  act  provides  that  any  person  who  shall  vote  in  any  school 
district  in  this  state  in  which  he  has  not  actually  resided  ten 
days,  or  such  length  of  time  as  required  by  law,  next  preceding 
the  election,  or  into  which  he  shall  hare  come  for  temporary 
purposes  merely,  shall,  on  conviction  thereof,  be  fined  in  any 
sum  not  less  than  twenty-five  ($25)  dollars  or  more  than  one  hun- 
dred (f  100)  dollars  or  be  imprisoned  in  the  jail  of  the  proper 
county  not  more  than  six  months. 
6 


162  SCHOOL  LAWS   OF   NEBRASKA. 

THE   TREE   PLANTERS'    STATE. 

A  JOINT  RESOLUTION  to  designate  Nebraska  in  a  popular  sense,  "The  Tree 
Planters'  State." 

WHEREAS,  The  state  of  Nebraska  has  heretofore,  in  a  popular 
sense,  been  designated  by  names  not  in  harmony  with  its  history, 
industry,  or  ambition;  and, 

WHEREAS,  The  state  of  Nebraska  is  pre-eminently  a  tree-plant- 
ing state;  and, 

WHEREAS,  Numerous  worthy  and  honorable  state  organiza- 
tions have,  by  resolution,  designated  Nebraska  as  the  "Tree 
Planters'  State;"  Therefore, 

Be  it  Resolved  ~by  the  Legislature  of  the  State  of  Nebraska: 
That  Nebraska  shall  hereafter  in  a  popular  sense  be  known 

and  referred  to  as  the  "Tree  Planters'  State." 
Approved  April  4,  A.  D.  1895. 


FLORAL  EMBLEM. 

A  CONCURRENT  RESOLUTION  to  designate  a  floral  emblem  for  the  state  of 
Nebraska. 

WHEREAS,  the  adoption  of  a  state  floral  emblem  by  the  au- 
thority f*l  the  legislature  would  foster  a  feeling  of  pride  in  our 
state,  and  stimulate  an  interest  in  the  history  and  traditions  of 
the  commonwealth,  therefore,  be  it 

Resolved,  That,  the  senate  concurring,  we,  the  legislature  of 
Nebraska,  hereby  declare  the  flower  commonly  known  as  the 
"Golden  Rod"  (solidago  serotina)  to  be  the  floral  emblem  of  the 
state. 

Approved  April  4,  A.  D.  1895. 


PENALTY  FOR  SELLING  TOBACCO  TO  MINORS. 

SECTION  245q.  That  hereafter  no  person,  firm,  association,  or 
corporation  in  this  state  shall  sell,  give,  or  furnish  in  any  \vay 
any  tobacco  in  any  form  whatsoever,  or  any  cigarettes  or  cigarette 
paper  to  any  minor  under  eighteen  years  of  age. 

SECTION  245r.  That  any  person,  firm,  associatioiu>r  corporation 
violating  the  provisions  of  this  act  shall,  upon  conviction  thereof, 
for  each  and  every  offense,  be  fined  in  a  sum  of  not  less  than 
twenty  dollars  and  not  more  than  fifty  dollars,  and  costs  of  suit, 
or  be  imprisoned  for  not  less  than  ten  or  more  than  thirty  days, 
in  the  discretion  of  the  court. 

Approved  April  8,  1903. 


OFFICIAL  DECISIONS 

OF  THE 

STATE  SUPERINTENDENT 

OF 

PUBLIC  INSTRUCTION 

ON  THE 

SCHOOL  LAWS  OF  NEBRASKA 

1881-1903 


(163) 


PEEFAOE. 


These  decisions  comprise  the  principal  rulings  of  the  following 
administrations : 

STATE    SUPERINTENDENTS.  YEARS. 

W.  W.  W.  Jones 1881-1886 

Geo.  B.  Lane 1887-1890 

A.  K.  Goudy 1891-1894 

H.  R.  Corbett 1895-1896 

W.  R,  Jackson 1897-1900 

Win.  K.  Fowler 1901-1905 

The  legislature  has  declared  that  the  decisions  of  the  state 
superintendent  shall  be  held  to  have  the'  force  of  law  until  re- 
versed by  the  courts. 

"He  [state  superintendent]  shall  decide  disputed  points  in 
school  law,  and  all  such  decisions  shall  be  held  to  have  the  force 
of  law  till  reversed  by  the  courts."  Section  4,  subdivision  VIII, 
chapter  79,  Compiled  Statutes  of  Nebraska. 

It  is  a  fact  worthy  of  notice  that  the  supreme  court  of  this 
state  has  reversed  only  two  rulings  of  this  department  within 
the  last  twenty  years. 

The  school  laws  referred  to  herein  are  the  School  Laws  of  Ne- 
braska as  revised  and  amended  in  1903,  chapter  79  of  the  Com- 
piled Statutes  of  Nebraska  for  1903,  unless  otherwise  specified. 

One  object  of  this  publication  is  to  give  school  officers  and 
teachers  a  better  understanding  of  the  legal  machinery  govern- 
ing matters  of  educational  interest.  Were  these  questions  prop- 
erly understood  and  then  carried  out  in  accordance  with  the  law, 
many  petty  quarrels  and  much  serious  .trouble  winch  often 
work  a  great  detriment  to  the  schools,  might  be  averted. 

It  must  be  remembered  that  the  decisions  are  based  upon  the 
laws  now  in  force.  Every  legislature  makes  some  changes  in 
the  school  laws.  Hence,  these  rulings  will  necessarily  be  modi- 
fied by  new  laws  enacted  or  old  ones  amended  or  repealed.  In 
cases  where  there  is  no  law  to  govern  and  no  decision  of  the  court 
to  guide,  the  state  superintendent  has  been  governed  by  the 
counsel  of  the  attorney  general  of  Nebraska  and  by  the  supreme 
court  rulings  of  other  states. 

(165) 


166  SCHOOL   LAWS   OP   NEBRASKA. 

On  questions  of  importance  not  answered  in  the  school  laws 
or  in  these  decisions,  be  free  to  write  this  department.  But  let 
me  urge  upon  the  county  superintendents  especially  a  careful 
study  of  this  edition  of  decisions  on  the  school  laws,  and  of  the 
supreme  court  rulings  cited  therein,  before  writing.  The  supreme 
court  of  Nebraska  has  laid  down  the  following  rules  governing 
the  interpretation  and  construction  of  statutes: 

(1.)  In  the  interpretation  and  construction  of  statutes,  ascer- 
tainment of  the  intention  of  the  legislature  is  the  end  or  purpose 
to  be  accomplished. 

(2.)  Where  a  law  is  plain  and  certain  in  its  terms  and  free 
from  ambiguity  and  a  reading  suffices,  no  interpretation  is 
needed  or  proper. 

This  department,  with  its  limited  office  force,  is  overburdened 
with  official  correspondence.  The  official  decisions,  important 
and  unimportant,  average  two  hundred  a  month.  Superintend- 
ents who  master  this  edition,  the  school  laws  and  supreme  court 
decisions  on  school  matters,  will  add  to  their  influence  and  suc- 
cess, beyond  measure,  as  compared  to  those  who  neglect  to  qual- 
ify themselves  for. the  legal  duties  of  their  office.  There  are  weak, 
careless,  and  indifferent  superintendents  as,  well  as  the  same 
kind  of  teachers.  The  superintendent  who  is  industrious  and 
makes  himself  fully  acquainted  with  the  duties  of  his  office  and 
knows  how  to  apply  the  law  of  common  sense  is  always  a  suc- 
cess. Do  not  expect  a  specific  ruling  for  every  phase  of  a  case 
that  may  arise.  Apply  the  law  of  common  sense  and  act, — 
calmly,  deliberately,  decisively. 

The  following  statements  explain  the  manner  in  which  this 
department  will  treat  all  correspondence  relative  to  legal  ques- 
tions from  patrons,  teachers,  and  school  officers: 

STATE  SUPERINTENDENT'S  OFFICE 
LINCOLN,  NEBRASKA. 

,  1903. 

DEAR  SIR: 

Yours  of   received.     In  compliance  with   the  following" 

resolution  passed  by  the  County  Superintendents'  Section  of  the  State 
Teachers'  Association,  1903,  I  have  referred  your  letter  to  your  County 
Superintendent,  who  is  in  possession  of  the  decisions  of  this  office  from 
1881  to  1903.  Almost  every  possible  question  that  may  arise  under  our 
school  laws  is  answered  in  these  decisions. 
Yours  very  truly, 


State  Superintendent  of  Public  Instruction. 

THE    RESOLUTION. 

WHEREAS,   It   has   been   the  custom   of   a   great   number   of  teachers, 
patrons   and  school  officers   throughout  the  state   to   write   the   state 


OFFICIAL   DECISIONS.  167 

superintendent  for  a  decision  on  legal  questions  before  consulting1  the 
country  superintendent  for  his  decision,  and 

WHEREAS,  The  state  department  often  finds  it  difficult  to  pass  intelli- 
gently upon  these  questions  when  only  one  side  to  a  controversy  has 
been  heard;  therefore  be  it 

RESOLVED,  That  in  order  to  insure  harmony  between  the  state  depart- 
ment and  the  county  superintendent,  and  also  to  aid  these  officers  to 
discharge  their  respective  duties  in  an  impartial  manner,  all  questions 
of  this  nature  be  referred  to  the  county  superintendent. 

STATE  SUPERINTENDENT'S  OFFICE 
LINCOLN,  NEBRASKA. 

1903. 

MY  DEAR  SUPERINTENDENT: 

In  compliance  with  the  following  resolution  passed  by  the  County 
Superintendents'  Section  of  the  State  T( -..  -hers'  Association.  1903,  I 
would  respectfully  request  that  you  give  the  enclosed  letter  your 
personal  and  immediate  attention.  Consult  freely  the  Supreme  Court 
Decisions  and  Decisions  of  the  State  Superintendent  found  in  the 
Seventeenth  Biennial  Keport  of  this  department.  If  any  question  arises 
on  which  you  desire  the  opinion  of  this  department  we  shall  be  pleased 
to  give  it  upon  your  request. 

Yours  very  truly, 


State  Superintendent  of  Public  Instruction. 

It  js  hoped  that  city  superintendents  and  high  school  princi- 
pals as  well  as  county  superintendents  will  find  these  decisions 
a  great  help  to  them  in  the  discharge  of  their  official  duties. 
Those  who  teach  school  law  in  institutes  will  find  this  edition 
valuable  in  the  interpretation  of  our  School  Laws. 

W.  K.  FOWLEB, 

Superintendent  of  Public  Instruction. 
Lincoln,  June  1,  1903. 


168  SCHOOL    LAWS    OF    NEBRASKA. 


DECISIONS  WHICH  APPLY  TO  ALL  DISTRICTS. 

I.    ALIEN. 

A  legal  voter,  when. — An  alten,  male  or  female,  who  possesses 
all  of  the  qualifications  relative  to  age,  residence  and  ownership 
of  property,  or  having  children  of  school  age,  is  a  voter.  The  mat- 
ter of  being  an  alien  does  not  enter  into  the  question. 

II.     BIBLE  READING  IN  THE  PUBLIC  SCHOOLS. 

Chief  Justice  Sullivan  asserts  that  the  law  does  not  forbid  the 
use  of  the  Bible  in  public  schools.  The  point  where  the  courts 
may  interfere  is  where  the  use  of  the  Bible  in  a  public  school  has 
degenerated  into  abuse,  where  a  teacher  instead  of  giving  secular 
instruction  has  violated  the  constitution  by  becoming  a  sectarian 
propagandist.  The  court  holds  that  whether  it  is  prudent  or  po- 
litic to  permit  the  reading  of  the  Bible  in  the  schools  is  a  ques- 
tion for  the  school  authorities,  but  whether  the  practice  has 
taken  the  form  of  sectarian  instruction  is  a  question  for  the 
courts  to  determine  upor,  evidence.  Every  alleged  violation  must 
be  established  by  competent  proof. 

In  the  case  in  question,  Daniel  Freeman  against  School  Dis- 
trict 21,  Gage  County,  the  court  holds  that  the  evidence  shows 
that  the  constitution  was  violated,  that  the  exercises  complained 
of  were  sectarian.  A  writ  of  mandamus  is  granted  against  the 
teacher  and  the  school  board. 

The  court  says:  "Undoubted^  the  teacher  is  a  sincere  and 
well  meaning  young  woman,  and  was  actuated  by  the  purest  and 
best  motives  but  in  discharging  what  she  conceived  to  be  an  im- 
perative duty  to  her  Creator  she  violated  a  right  secured  to  the 
relator  by  the  supreme  law  of  the  state." 

The  syllabus  of  the  opinion  is  as  follows : 

"1.  The  right  of  all  persons  to  worship  Almighty  God  accord- 
ing to  the  dictates  of  their  own  consciences  is  declared  by  the 
constitution  of  this  state  to  be  a  natural  and  indefeasible  right. 

"2.  There  is  nothing  in  the  constitution  or  laws  of  this  state, 
nor  in  the  history  of  our  people,  upon  which  to  ground  a  claim 
that  it  is  the  duty  of  government  to  teach  religion. 

"3.  The  whole  duty  of  the  state  with  respect  to  religion  is  'to 
protect  every  religious  denomination  in  the  peaceable  enjoyment 
of  its  own  mode  of  public  worship.' 

"4.  Enforced  attendance  upon  religious  services  is  forbidden 
by  the  constitution,  and  pupils  in  a  public  school  cannot  be  re- 
quired either  to  attend  such  services  or  to  join  in  them. 


OFFICIAL    DECISIONS.  1()9 

"5.  A  teacher  in  a  public  school,  being  vested  during  school 
hours  with  a  general  authority  over  his  pupils,  his  requests  are 
practically  commands. 

"6.  It  is  immaterial  whether  the  objection  of  a  parent  to  his 
children  attending,  and  participating  in,  a  religious  service  con- 
ducted by  a  teacher  in  the  school  room  during  school  hours,  is 
reasonable  or  unreasonable.  The  right  to  be  unreasonable  in 
such  matters  is  guaranteed  by  the  constitution. 

"7.  The  law  does  not  forbid  the  use  of  the  Bible  in  the  public 
schools ;  it  is'  not  prescribed  either  by  the  constitution  or  the  stat- 
utes, and  the  courts  have  no  right  to  declare  its  use  to  be  un- 
lawful because  it  is  possible  or  probable  that  those  who  are  priv- 
ileged to  use  it  will  misuse  the  privilege  by  attempting  to  propa- 
gate their  own  peculiar  theological  or  ecclesiastical  views  and 
opinions. 

"8.  The  point  where  the  courts  may  rightfully  interfere  to  pre- 
vent the  use  of  the  Bible  in  a  public  school  is  where  legitimate 
use  has  degenerated  into  abuse;  where  a  teacher  employed  to  give 
seculiar  instruction  has  violated  the  constitution  by  becoming  a 
sectarian  propogandist. 

"9.  Whether  it  is  prudent  or  politic  to  permit  Bible  reading  in 
the  public  schools  is  a  question  for  the  school  authorities;  but 
whether  the  practice  of  Bible  reading  has  taken  the  form  of  sec- 
tarian instruction  is  a  question  for  the  courts  to  determine  upon 
evidence. 

"10.  It  will  not  be  presumed  in  any  case  that  the  law  has  been 
violated;  every  alleged  violation  must  be  established  by  com- 
petent proof." 

Chief  Justice  Sullivan  in  an  exposition  of  the  court's  ruling 
in  this  particular  case  used  the  following  language: 

"The  decision  does  not,  however,  go  to  the  extent  of  entirely 
excluding  the  Bible  from  the  public  schools.  It  goes  only  to  the 
extent  of  denying  the  right  to  use  it  for  the  purpose  of  imparting 
sectarian  instruction.  The  pith  of  the  opinion  is  in  the  syllabus- 
which  declares  that  'exercises  by  a  teacher  in  a  public  school  in 
a  school  building,  in  school  hours,  and  in  the  presence  of 
the  pupils,  consisting  of  songs  and  hymns,  and  offering  prayer  to 
the  Deity  in  accordance  with  doctrines,  beliefs,  customs  or  usages 
of  sectarian  churches  or  religious  organizations,  is  forbidden  by 
the  constitution  of  this  state.' 

"Certainly  the  Iliad  may  be  read  in  the  schools  without  incul- 
cating the  belief  in  the  Olympic  divinities,  and  the  Koran  may 
be  read  without  teaching  the  Moslem  faith.  Why  may  not  the 


170  SCHOOL   LAWS   OF    NEBRASKA. 

Bible  also  be  read  without  indoctrinating  children  in  the  creed  or 
dogma  of  any  sect?  Its  contents  are  largely  historical  and 
moral;  its  language  is  unequalled  in  purity  and  elegance;  its 
style  has  never  been  surpassed;  among  the  classics  of  our  litera- 
ture it  stands  pre-eminent. 

IS  IT  A  SECTARIAN  BOOK? 

"It  has  been  suggested  that  the  English  Bible  is,  in  a  special 
and  limited  sense,  a  sectarian  book.  To  be  sure  there  are,  accord- 
ing to  the  Catholic  claim,  vital  points  of  difference  with  respect 
to  faith  and  morals  between  it  and  the  Douay  version.  In  a  Penn- 
sylvania case  cited  by  counsel  for  respondents  the  author  of  the 
opinion  says  that  he  noted  over  fifty  points  of  difference  between 
the  two  versions,  some  of  them  important  and  others  trivial. 
These  differences  constitute  the  basis  of  some  of  the  peculiarities 
of  faith  and  practice  that  distinguish  Catholicism  from  protest- 
antism and  make  the  adherents  of  each  a  distinct  Christian  sect. 
But  the  fact  that  the  King  James  translation  may  be  used  to 
inculcate  sectarian  doctrines  affords  no  presumption  that  it  will 
be  so  used.  The  law  does  not  forbid  the  use  of  the  Bible  in  either 
version  in  the  public  schools;  it  is  not  proscribed  either  by  the 
constitution  or  the  statutes,  and  the  courts  have  no  right  to  de- 
clare its  use  to  be  unlawful  because  it  is  possible  or  probable 
that  those  who  are  privileged  to  use  it  will  misuse  the  privilege 
by  attempting  to  propagate  their  own  peculiar  theological  or 
ecclesiastical  views  and  opinions. 

WHERE   COURTS   MAY   INTERVENE. 

"The  point  where  the  courts  may  rightfully  intervene,  and 
where  they  should  intervene  without  hesitation,  is  where  legiti- 
mate use  has  degenerated  into  abuse;  where  a  teacher  employed 
to  give  secular  instruction  has  violated  the  constitution  by  be- 
coming a  sectarian  propagandist.  That  sectarian  instruction 
may  be  given  by  frequent  reading,  without  note  or  comment,  of 
judiciously  selected  passages,  is,  of  course  obvious.  A  great 
modern  philosopher — perhaps  the  greatest — has  said  that  per- 
sistent iteration  is  the  most  effective  means  of  forcing  alien  con- 
ception upon  reluctant  minds.  Whether  it  is  prudent  or  politic 
to  permit  Bible  reading  in  the  public  schools  is  a  question  for 
school  authorities  to  determine;  but  whether  the  practice  of 
Bible  reading  has  taken  the  form  of  sectarian  instruction  in  a 
particular  case  is  a  question  for  the  courts  to  determine  upon 
evidence. 

"It  cannot  be  presumed  that  the  law  has  been  violated;  fh<J 


OFFICIAL  DECISIONS.  Ifl 

alleged  violation  must  in  every  instance  be  established  by  com- 
petent proof.  The  value  of  the  common  schools  as  disseminators 
of  knowledge  and  social  levellers  is  well  understood  and  justly 
appreciated;  and  there  is  little  likelihood  that  the  people  will 
ever  permit  their  usefulness  to  be  impaired  by  sectarian  con- 
troversies. 

LITTLE  DISCORD  IN  SCHOOLS. 

"When  we  consider  that  this  is  the  first  case  of  its  kind  ever 
presented  to  this  court  for  decision,  we  feel  assured  that  neither 
teachers  nor  school  boards  have  been  much  inclined  to  bring 
discord  into  the  schools  for  the  chance  of  securing  by  indirection 
a  slight  sectarian  advantage.  But,  if  the  fact  were  otherwise,  it 
could  not  in  any  way,  aft'ect  our  conclusion.  The  section  of  the 
constitution  which  provides  that  'No  sectarian  instruction  shall 
be  allowed  in  any  school  or  institution  supported,  in  whole  or  in 
part,  by  public  funds  set  apart  for  educational  purposes'  can  not, 
under  any  canon  of  construction  with  which  we  are  acquainted, 
be  held  to  mean  that  neither  the  Bible,  nor  any  part  of  it  from 
Genesis  to  the  Revelation,  may  be  read  in  the  educational  insti- 
tutions fostered  by  the  state.  We  do  not  wish  to  be  understood 
as  either  countenancing  or  discountenancing 'the  reading  of  the 
Bible  in  the  public  schools.  Even  where  it  is  an  irritant  ele- 
ment, the  question  whether  its  legitimate  use  shall  be  continued 
or  discontinued  is  an  administrative  and  not  a  judicial  question ; 
it  belongs  to  the  school  authorities,  not  to  the  courts." 

III.    BOARD — POWERS  AND  DUTIES. 

Cannot  borrow  money. — There  is  no  provision  for  authorizing 
the  board  to  borrow  money  for  the  use  of  the  district. 

Discharge  teacher  for  cause.— The  school  board  has  the  right 
to  discharge  a  teacher  for  cause,  and  after  such  discharge  the 
teacher  has  uo  right  to  continue  the  school,  even  if  the  cause 
be  thought  insufficient.  The  only  course  then  open  to  the  teacher 
is  an  action  for  damages.  Whether  the.  teacher  could  draw  pay 
for  the  full  time  of  the  contract,  would  be  a  question  to  be  de- 
termined by  process  of  law. 

Expel  pupil  when  welfare  of  school  demands  it. — The 
law  empowers  a  school  board  to  suspend  or  expel  a  pupil  from 
school  who  is  guilty  of  gross  misdemeanors  or  persistent  dis- 
obedience, whenever  in  their  judgment  the  interests  of  the  school 
demand  it ;  but  such  suspension  shall  not  extend  beyond  the  close 
of  the  term.  In  case  of  emergency  the  teacher  may  suspend  a 


172  SCHOOL   LAWS   OP    NEBRASKA. 

pupil  and  refer  his  actions  and  the  reason  therefor  immediately 
to  the  board. 

Reinstatement  of  pupils. — School  boards  are  empowered  to 
make  rules  governing  their  schools.  If  they  see  fit  to  admit  a 
pupil  who  has  been  expelled  they  have  a  perfect  right  to  do  so. 

"An  action  of  mandamus  will  He  and  may  be  maintained  to 
reinstate  a  pupil  in  a  school,  if  the  action  of  the  officer  or  officers 
by  which  the  party  was  refused  admission  to  or  continuance  in 
the  school  was  an  arbitrary  or  capricious  exercise  of  authority." 
57  Neb.,  183. 

Relative  authority  of  school  officers  and  parents.— The 
school  trustees  have  authority  to  classify  and  grade  the  scholars 
in  the  district  and  cause  them  to  be  taught  in  such  departments 
as  they  may  deem  expedient ;  they  may  also  prescribe  the  courses 
of  study  and  text-books  for  the  use  of  the  school,  and  such  rea- 
sonable rules  and  regulations  as  they  may  think  needful.  They 
may  also  require  prompt  attendance,  respectful  deportment,  and 
diligence  in  study.  The  parent,  however,  has  a  right  to  make 
a  reasonable  selection  from  the  prescribed  courses  of  study  for 
his  child  to  pursue,  and  this  selection  must  be  respected  by  the 
trustees,  as  the  right  of  the  parent  in  that  regard  is  superior 
to  that  of  the  trustees  and  the  teacher.  31  Neb.,  552. 

Rent  rooms  for  school  purposes. — It  is  within  the  authority 
of  the  school  board  to  make  temporary  arrangements  for  carry- 
ing on  the  school  whenever  this  matter  is  neglected  at  the  annual 
district  meetings.  The  school  board  should  rent  a  building  and 
pay  for  the  same  out  of  the  funds  of  the  district.  It  is  not  only 
a  right  but  it  would  be  a  duty  incumbent  on  the  school  board,  to 
so  provide  room  and  teachers  for  the  pupils  of  the  district. 

Require  teacher  to  show  certificate.— Members  of  the  school 
board  have  a  perfect  right  to  see  the  teacher's  certificate.  In 
fact,  it  is  a  duty  incumbent  upon  them  to  satisfy  themselves  that 
the  teacher  is  a  legally  qualified  teacher.  The  certificate  is  the 
proper  evidence. 

Right  to  require  excuses  for  absence  or  tardiness. — Our 
statutes  confer  upon  the  school  board  the  power  "to  make  such 
rules  and  regulations  as  they  may  think  necessary  for  the  gov- 
ernment of  the  scholars."  This  grant  of  authority  includes  the 
right  to  require  excuses  for  absence  and  tardiness.  It  ought  to 
be  remembered,  however,  that  very  much  depends  upon  the  man- 
ner of  enforcement  of  such  a  rule.  A  regulation  harmless  and 
proper  in  itself  might  be  enforced  in  such  a  way  as  to  render 


OFFICIAL   DECISIONS.  173 

it  exceedingly  obnoxious  and  almost  unendurable  to  parents  and 
pupils.  If  a  certain  rule  is  beneficial  to  the  school,  it  ought  not 
to  be  difficult  to  convince  parents  of  its  usefulness ;  for  certainly 
no  one  is  more  interested  in  the  welfare  of  the  school  than  the 
parents  who  entrust  their  children  to  its  instruction  and  disci- 
pline. Attendance  rules  should  be  enforced  with  the  greatest 
courtesy  and  consideration,  and  they  will  encounter  no  serious 
opposition  from  the  parents  for  the  benefit  of  whose  children 
they  are  intended. 

When  primary  pupils  may  enter. — It  seems  quite  reason- 
able that,  after  the  last  primary  class  is  once  fairly  started,  no 
pupils  should  be  permitted  to  enter  the  school  unless  they  can 
pursue  the  studies  of  some  class  already  formed;  otherwise  the 
one  or  two  who  enter  later  will  require  as  much  time  and  at- 
tention from  the  teacher  as  would  an  entire  class.  As  a  rule, 
pupils  who  are  too  young  to  enter  the  lowest  existing  class  will 
lose  very  little  by  waiting  until  the  beginning  of  the  next  term. 
In  fact,  in  most  cases  it  would  be  better  for  them  to  do  so. 
Such  a  regulation  seems,  therefore,  to  be  proper  and  reasonable 
and  within  the  power  of  the  district  board;  and  if  enforced  in 
a  spirit  of  moderation  and  courtesy,  and  with  a  sincere  effort  to 
secure  the  sympathy  and  co-operation  of  the  people,  it  ought  to 
meet  with  no  resistance. 

IV.    CLOSING  SCHOOL. 

Burning  of  schoolhouse. — If  it  is  a  physical  impossibility  for 
the  school  district  board  to  furnish  a  house  in  which  the  school 
may  be  taught,  the  teacher  could  not  draw  pay  during  the  time 
school  is  closed  on  account  of  the  burning  of  the  schoolhouse. 
If  it  is  possible  for  the  board  to  provide  a  house  in  which  the 
school  may  be  taught,  the  teacher's  pay  will  continue  during 
the  time  school  is  closed  on  account  of  the  burning  of  the  school- 
house.  It  might  be  well,  however,  for  the  teacher  and  board  to 
compromise  under  such  circumstances. 

Epidemic  disease. — If  a  teacher  is  employed  for  a  definite 
time  and  during  the  period  of  his  employment  the  district  officers 
or  board  of  health  close  the  schools  on  account  of  the  prevalence 
of  an  epidemic  disease  in  the  district,  and  the  teacher  continue 
ready  to  perform  his  contract,  he  is  entitled  to  full  wages  during 
such  period;  provided,  there  is  nothing  in  the  contract  to  the 
contrary. 

Holidays. — So  far  as  schools  are  concerned,  the  statutes  of  Ne- 
braska make  no  provisions  for  legal  holidays.  A  teacher,  in  the 


174  SCHOOL  LAWS  OF  M;LRASKA. 

absence  of  any  provision  upon  the  matter  in  his  contract,  would 
have  no  authority  to  close  school  upon  the  so-called  holidays 
without  being  legally  required  to  make  up  the  time  so  lost  to 
the  district.  However,  a  district  board  has  authority  to  make 
provision  for  closing  school  upon  such  days,  and  in  *case  the 
board  directs  -that  school  be  closed  upon  any  specified  day,  the 
teacher  would  legally  draw  pay  for  such  time. 

Lost  time. — A  teacher  may  make  up  lost  time  by  teaching  on 
Saturdays  only  by  permission  of  the  board. 

When  the  school  is  closed  for  a  few  days  in  order  to  repair 
damages  done  to  the  building  by  a  storm,  the  teacher  is  not 
bound  legally  to  make  up  the  time  so  lost,  providing  he  hold 
himself  in  readiness  to  continue  the  school  during  the  time 
school  was  closed  by  order  of '  the  board. 

V.     CONTRACTS. 

Equally  binding  on  both  parties. — The  contract  between  the 
school  board  and  a  teacher  is  a  mutual  obligation,  equally  bind- 
ing upon  both  parties.  Neither  party  can  wit1!  impunity  rescind 
such  contract;  and  either  party  violating  the1  provisions  of  such 
contract  would  be  answerable  in  damages  to  the  aggrieved  party. 
It  requires  a  majority  of  the  board  to  legally  accept  a  teacher's 
resignation. 

Oral. — In  o*rder  to  be  legal  and  binding  upon  the  district,  it  is 
not  necessary  that  a  contract  be  in  writing.  If  not  in  writing 
its  existence  must  be  fully  proven.  If  it  can  be  proven  that  a 
teacher  was  elected  by  the  board,  that  he  was  notified  of  such 
election  and  clearly  indicated  his  acceptance  of  it,  the  contract- 
is  binding  whether  made  out  in  writing  and  signed  by  all  parties 
concerned  or  not.  In  the  absence  of  a  written  contract  the  min- 
utes of  the  director  or  secretary  of  the  board  would  show  the 
time  for  which  a  teacher  was  elected. 

Teacher  cannot  set  contract  aside  of  her  own  free  will. 
— In  case  a  teacher  breaks  a  contract  made  between  herself  and 
a  school  district  board,  the  board  has  a  right  of  action,  on  the 
original  contract,  and  may  maintain:  (1)  A  suit  to  obtain  dam- 
ages for  the  loss  sustained  by  the  breach;  (2)  a  suit  to  obtain 
specific  performance  of  the  contract  by  the  other  party.  Or,  if 
the  court  were  to  find  it  difficult  to  assess  the  damages,  or 
should  fail  to  enforce  a  specific  performance  because  it  cannot 
supervise  or  insure  its  execution,  they  could,  by  injunction,  en- 
force the  promise  not  to  teach  elsewhere  during  the  time  covered 
by  the  injunction.  See  Clark  on  Contracts,  702. 


OFFICIAL   DECISIONS.  175 

VI.    PUNISHMENT. 

Corporal. — The  statutes  of  Nebraska  are  silent  as  to  the  right 
of  a  teacher  to  inflict  corporal  punishment,  and  the  matter 
seems  never  to  have  been  brought  before  our  supreme  court ;  but 
the  holdings  of  supreme  courts  of  other  states  are  quite  uniform 
and  positive  in  the  matter,  and  are  in  substance  as  follows:  A 
teacher  in  charge  of  a  school  stands  in  the  place  of  the  parent 
while  the  pupils  are  under  his  or  her  control  and  has  the  same 
right  to  command  and  to  enforce  obedience  which  the  parent  has 
in  the  home.  This  right  includes  the  infliction  of  corporal  pun- 
ishment in  a  reasonable  manner  and  with  the  proper  motive.  If 
it  can  be  shown  that  the  punishment  was  cruel  or  excessive  or 
inflicted  with  malice  on  the  part  of  the  teacher,  then  such  teacher 
is  liable  to  prosecution  and  punishment.  As  a  matter  of  educa- 
tional policy,  there  is  no  question  that  corporal  punishment  is  to 
be  used  only  as  a  last  resort;  and  our  best  teachers  almost  in- 
variably succeed  in  avoiding  it.  Nevertheless  there  are  cases, 
growing  out  of  unusual  perversity  or  unfortunate  influences  at 
home,  which  make  its  use  advisable  and  sometimes  even  indis- 
pensable. While  the  constant  aim  of  the  teacher  and  school 
board  should  be  to  reduce  the  use  of  this  method  of  discipline  to 
a  minimum,  there  can  be  no  question  as  to  the  legal  right  of  the 
board  to  authorize,  and  of  the  teacher  to  employ,  corporal  pun- 
ishment, under  proper  circumstances,  in  the  proper  manner,  and 
with  the  proper  motive. 

VII.    PUPILS. 

Control  of  pupils  while  off  school  premises. — Let  us  di- 
vide the  question  at  issue  into  two  parts:  first,  the  teacher's  au- 
thority over  pupils  on  the  way  to  and  from  school;  and  second, 
his  authority  over  pupils  at  other  times  and  places  than  in  school, 
on  school  grounds,  on  the  way  to  and  from  school,  or  during 
school  hours.  The  laws  of  Nebraska  do  not  touch  directly  upon 
the  matter  of  the  teacher's  authority  over  pupils  on  the  way  to 
and  from  school.  Several  decisions  of  different  supreme  courts, 
however,  seem  to  indicate  that  where  there  is  no  statutory  pro- 
vision to  the  contrary,  the  teacher  may  exercise  a  reasonable 
control  over  pupils  on  the  way  to  and  from  the  schoolhouse  in 
all  matters  of  conduct  which  affect  the  interests  and  discipline 
of  the  school.  This  authority  must  be  exercised  with  great  dis- 
cretion on  the  part  of  the  teacher,  and  he  will  be  liable  for  any 
flagrant  perversion  or  abuse  of  it.  The  teacher  stands  in  the 
place  of  the  parent  at  school  and  has  the  same  jurisdiction  over 


176  SCHOOL   LAWS   OP    NEBRASKA. 

the  conduct  of  the  pupil  there  that  the  parent  has  at  home.  It 
seems  to  be  a  simple  deduction  from  this  principle  that  the 
teacher  lias  authority  over  the  pupils  at  all  times  when  they  are 
thrown  together  in  'consequence  of  their  attendance  at  school; 
and  it  would  be  very  disastrous  to  school  discipline  if  the  teacher 
were  denied  a  reasonable  control  over  the  actions  of  the  pupils 
on  the  way  to  and  from  the  schoolhouse.  This  right,  therefore, 
seems  to  belong  to  the  teacher  by  implication  without  any  express 
statement  of  law  to  that  effect. 

For  acts  committed  in  or  about  the  homes  of  the  pupils,  it 
would  avoid  a  source  of  much  trouble  and  irritation  if  the 
teacher  would  consult  with  the  parents,  reasoning  with  them, 
if  they  are  reasonable,  and  parents  usually  are  when  the  facts 
are  fairly  stated  and  they  see  that  some  action  is  necessary  for 
the  good  of  their  own  children.  Teachers  should  not  be  arbitrary 
or  dictatorial.  Parents  have  rights  and  are  or  should  be  the 
proper  guardians  of  their  children,  and  responsible  for  their  acts 
in  school  and  out.  Many  parents  would  prefer  to  punish  their 
children  themselves  for  misconduct  in  school  and  would  do  so 
more  severely  than  the  teacher,  if  applied  to  in  the  proper  spirit. 

Detaining  after  school  hours. — It  has  long  been  the  ruling 
of  this  department  that  a  teacher  has  the  legal  right  to  detain 
pupils  after  the  regular  school  hours,  when  circumstances  make 
it  necessary. 

Expulsion  and  suspension. — The  statute  empowers  the  school 
district  board  to  suspend  or  expel  pupils  from  the  school,  and  it 
also  provides  that  "such  suspension  shall  not  extend  beyond  the 
close  of  the  term."  The  expression  "term"  is  not  defined  in  the 
statutes.  In  the  absence  of  any  definition  on  the  part  of  the 
board,  the  word  term  would  naturally  apply  to  the  entire  period 
during  which  school  is  in  session  during  the  school  year.  But 
where  the  school  district  board  has  made  and  adopted  a  series  of 
rules  by  which  the  school  year  is  divided  into  specific  terms,  the 
board  would  have  no  authority  to  suspend  a  pupil  for  a  period 
extending  beyo-nd  the  close  of  the  current  term  as  defined  in  said 
rules. 

Female— Majority  at  18. — Under  the  statutes  of  Nebraska 
(section  3,  212  C.  S.,  1899),  the  minority  of  a  female  child  ends  at 
the  age  of  eighteen  years.  Where  a  woman  between  eighteen  and 
twenty-one  years  of  age  elects  in  good  faith  to  make  her  residence 
in  a  certain  school  district,  and  does  actually  reside  therein,  she 
has  the  right  to  free  school  privileges  in  said  district. 


OFFICIAL   DECISIONS.  177 

Free  school  privileges. — Children  of  school  age  are  entitled 
to  free  school  privileges  only  in  the  district  in  which  their  parents 
or  legal  guardians  make  their  legal  residence.  To  be  a  legal 
guardian  one  must  have  been  so  recognized  by  a  court  of  proper 
jurisdiction,  with  such  guardianship  made  a  matter  of  record  by 
the  court. 

Graduation  does  not  forfeit  school  privileges. — A  person 
who  graduates  from  the  public  schools  of  Nebraska  does  not  lose 
his  privilege  of  attending  school  by  reason  of  his  graduation.  He 
has  a  right  to  continue  the  same  studies  in  the  same  school  and 
will  have  the  same  privileges  as  the  school  guarantees  to  other 
pupils  in  the  matter  of  text-books,  etc.,  providing  no  separate 
classes  are  required  for  his  instruction. 

May  be  excluded  if  exposed  to  contagious  disease. — A 
boy  of  one  school  district  is  attending  school  in  another  district 
and  has  been  exposed  to  smallpox;  he  boards  at  home,  which  is  in 
the  first  district;  his  brothers  and  sisters  attend  school  in  the 
home  district.  Under  these  conditions  it  is  the  right  and  duty 
of  the  district  board  of  the  home  district  to  refuse  admittance 
to  the  brothers  and  sisters  of  the  boy  who  has  been  exposed. 
.  Punishment  of. — See  punishment. 

VIII.    RESIDENCE. 

To  acquire  a  domicile  or  residence  in  a  school  district,  two 
things  are  necessary :  the  fact  of  a  residence  in  a  place,  and  the 
intent  to  make  it  a  home.  A  domicile  or  residence  once  acquired 
remains  until  a  new  one  is  acquired.  Mere  intention  to  remove 
without  the  fact  of  removing  will  not  change  the  domicile;  nor 
will  the  fact  of  removal  without  the  intention  to  change  the 
residence.  A  person  once  established  in.  any  place,  the  presump- 
tion of  residence  continues  unless  rebutted,  and  the  burden  of 
proof  is  upon  the  party  alleging  the  same. 

IX.  SCIENTIFIC  TEMPERANCE  INSTRUCTION.  v 
When  and  where  taught. — The  instruction  in  this  subject  is 
often  unwisely  distributed  throughout  the  course,  and  any 
change  of  sentiment  or  opinion  against  the  use  of  alcohol  seems 
entirely  disproportionate  to  the  outlay  of  time  and  effort  that 
has  been  made.  There  is  frequent  and  unnecessary  repetition, 
and  diminished  interest  and  dislike  of  the  subject  are  prevalent. 
Text-book  instruction  could,  with  profit  to  the  cause  and  to  the 
school,  be  limited  to  the  higher  grammar  grades.  The  use  of 
charts  in  common  schools  showing  morbid  physiological  condi- 
tions is  generally  condemned. 


178  SCHOOL   LAWS   OP    NEBRASKA. 

X.    THE  TEACHER. 

Not  an  officer.—  (1896. )  The  teacher  in  one  of  the  free  schools 
in  an  ordinary  district  is  not  a  public  officer.  (State,  ex  rel. 
Lewellen,  v.  Smith,  49  Neb.,  755,  69  N.  W.,  114.) 

Employment. — (1882.)  The  statute  specially  authorizes  the 
director  of  a  school  district  to  employ  teachers  either  with  the 
assent  of  the  moderator  and  treasurer,  or  one  of  them,  or  by 
their  direction,  if  he  shall  not  concur.  A  contract  with  a  teacher, 
therefore  entered  into  on  behalf  of  the  district  by  the  director 
an'd  treasurer,  without  the  assent  of  or  notice  to  the  moderator, 
is  valid.  (Russell  v.  State,  ex  rel.  Armour,  13  Neb.,  68,  12  N.  W., 
829.) 

Citations.— Martin  v.  State,  23  Neb.,  384,  36  N.  W.,  554 ;  Mont- 
gomery v.  State,  35  Nebr.,  659,  53  N.  W.,  568;  State  v.  Smith,  57 
Neb.,  48,  77  N.  W.,  384. 

Contracts. — (1896. )  The  employment  of  teachers  for  the  free 
schools  is  one  of  the  duties  cast  upon  the  district  boards  by  law. 
and  the  discretion  and  decision  of  the  officers  composing  such  a 
district  board  as  to  whom  they  will  employ  as  a  teacher  cannot 
be  controlled  by  writ  of  mandamus  issued  at  the  instance  of  tax- 
payers and  voters  of  the  district.  (State,  ex  rel.  Leivellen,  v. 
Smith,  49  Neb.,  755,  69  N.  W.,  114.) 

(1897.)  Plaintiff  entered  into  a  written  contract  of  employ- 
ment with  a  school  district  for  the  term  of  three  months,  com- 
mencing at  a  stated  time,  with  option  to  her  to  teach  the  school 
year  if  satisfaction  was  given.  She  taught  under  the  contract 
the  three  months,  exercised  the  option  given  her,  and  remained 
in  the  employ,  without  objection,  another  three  months,  when 
she  was  discharged  without  good  and  sufficient  cause,  before  the 
close  of  the  school  year.  Held,  that  the  services  rendered  after 
the  first  three  months  were  performed  under  said  contract,  and 
a  new  written  contract  was  not  necessary  to  bind  the  district 
for  the  entire  school  year.  (Wallace  v.  School  Dist.,  50  Neb.,  171, 
69  N.  W.,  772.) 

Discharge  of. — (1877.)  The  district  school  board  is  specially 
invested  by  the  statutes  with  the  general  care  and  management 
of  the  school  and  the  employment  of  the  teachers;  and,  as  an 
incident  to  these  powers,  has  a  right  to  discharge  a  teacher  for 
incompetency,  or  for  any  other  sufficient  cause,  at  the  will  and 
pleasure  of  a  majority  of  its  members.  Maxwell,  J.,  dissenting. 
(Bays  v.  State,  6  Neb.,  167.) 

Citations.— Vallery  v.  State,  42  Neb.,  127,  60  N.  W.,  347;  State 


OFFICIAL   DECISIONS.  179 

v.  Smith,  49  Neb.,  759,  69  N.  W.,  114;  Wallace  v.  School  Dist., 
50  Neb.,  174,  175,  69  N.  W.,  772. 

(1877.)  The  authority  to  terminate  the  employment  of  a 
teacher,  in  the  absence  of  an  express  provision  on  the  subject, 
should  be  held  to  reside  with  those  whose  duty  it  is  to  represent 
the  district,  and  who  are  directly  responsible  for  the  successful 
management  of  the  school,  viz.,  the  school  board.  (Bays  v.  State, 
6  Neb.,  167.) 
Citation. — Vallery  v.  Mate,  42  Neb.,  127,  60  N.  W.,  347. 

(1897.)  In  the  absence  of  a  stipulation  in  the  contract  to  the 
contrary,  under  the  existing  statute,  a  qualified  teacher  cannot 
be  discharged  at  the  pleasure  of  the  district,  but  only  where  just 
cause  exists  therefor.  (Wallace  v.  School  Dist.,  50  Neb.,  171,  69 
N.  W.,  772.) 

(1897.)  If  a  teacher  duly  employed  in  the  public  schools  for 
a  specified  period  is  dismissed  by  the  school  board  prior  to  the 
expiration  of  the  term  of  employment,  without  being  shown  to 
be  incompetent,  or  for  other  good  reasons,  the  district  is  liable 
therefor.  (Wallace  v.  School  Dist.,  50  Neb.,  171,  69  N.  W.,  772.) 

Compensation. — (1882.)  A  proper  certificate  of  qualification 
is  essential  to  warrant  a  school  board  in  paying  a  teacher  from 
the  public  school  funds.  The  prohibition  of  the  statute,  however, 
is  upon  the  district  board,  and  not  upon  the  teacher;  and  where 
during  a  part  of  a  term,  the  teacher  was  without  a  certificate, 
notwithstanding  which  payment  for  the  time  was  made,  in  an 
action  to  recover  wages  due  for  the  last  month  of  the  term,  dur- 
ing all  of  which  the  teacher  had  a  certificate,  held,  that  the 
amount  so  paid  could  not  be  set  off  against  what  was  due  for  the 
last  month.  (School  Dist,  v.  Estes,  13  Neb.,  52,  13  N.  W.,  16.) 

(1882.)  Where  a  school  teacher  is  employed  by  contract  for  a 
given  number  of  months,  and  fails  to  perform  her  duties  during 
a  part  of  the  stipulated  period,  through  no  fault  of  her  own,  but 
through  the  fault  of  the  school  officers,  she  being  at  all  times  able 
and  willing  to  perform,  she  is  entitled  to  the  same  compensation 
during  such  part  as  though  she  had  kept  the  school.  (School 
I)i*t.  v.  Estcs,  13  Neb.,  52,  13  N.  W.,  16.) 

(1891.)  In  an  action  against  a  school  district  for  an  alleged 
breach  of  contract  of  employment  the  answer  was  a  general  de- 
nial. There  was  no  proof  tending  to  show  that  the  defendant 
had  not  derived  an  income  from  other  business  than  that  of 
teaching  during  the  existence  of  the  alleged  contract.  Held,  that 
an  instruction  that  "the  plaintiff,  if  he  is  entitled  to  recover  at 
all,  will  be  entitled  to  recover  as  damages  the  agreed  wages  or 


180  SCHOOL  LAWS   OP   NEBRASKA. 

salary  for  the  whole  period,  being  one  thousand  dollars  for  the 
school  year,"  was  not  applicable  to  the  testimony.  (School  Dist. 
v.  Foster,  31  Neb.,  501,  48  N.  W.,  267.) 

Certificate. — (1886.)  Where  a  county  superintendent  issues  a 
certificate  authorizing  the  person  named  therein  to  teach  school 
in  such  county,  the  county  superintendent  of  any  other  county 
may  endorse  such  certificate,  which  will  render  the  certificate 
valid  in  the  county  where  endorsed  for  such  time  as  the  super- 
intendent shall  determine,  not  to  exceed  two  years  nor  longer 
than  the  certificate  was  originally  intended.  (State,  ex  rel.  Lind- 
lerg,  v.  Grosvenor,  19  Neb.,  494,  27  N.  W.,  728.) 

(1886.)  A  school  certificate  being  issued  or  indorsement  made 
thereon  by  the  officer  specially  authorized  to  make  the  same,  it 
is  presumed  to  be  valid ;  and,  in  the  absence  of  fraud,  is  not  sub- 
ject to  attack  collaterally.  (State,  ex  rel.  Lindberg,  v.  Gros- 
venor, 19  Neb.,  494,  27  N.  W.,  728.) 

Refusal  to  pay  wages. — (1886. )  Where  a  teacher,  when  em- 
ployed by  the  director  and  moderator  of  a  school  district,  and 
while  teaching  such  school,  possessed  a  certificate  duly  indorsed 
by  the  county  superintendent,  held  that  the  treasurer  of  the  dis- 
trict, in  the  absence  of  fraud,  could  not  refuse  to  pay  a  warrant 
drawn  by  the  director  and  moderator  for  the  teacher's  wages, 
upon  the  ground  that  the  indorsement  was  invalid.  (State,  ex 
rel.  Lindberg,  v.  Grosvenor,  19  Neb.,  494,  27  N.  W.,  728.) 

Rules  and  regulations. — (1892.)  A  rule  which  makes  it  the 
duty  of  a  teacher  to  keep  a  record  of  the  standing  of  each  pupil 
in  the  studies  pursued  by  him,  of  his  attendance  and  deportment, 
to  send  each  month  by  the  pupil  a  written  report  of  the  same  to 
his  parent  or  guardian,  and  which  requires  such  parent  or  guard- 
ian to  sign  and  return  the  same  to  the  teacher,  is  a  reasonable 
one.  (Bourne  v.  State,  ex  rel.  Taylor,  35  Neb.,  1,  52  N.  W.,  710.) 

Citation.— Jackson  v.  State,  57  Neb.,  188,  77  N.  W.,  662. 

Substitute. — A  teacher  has  no  right  to  place  a  substitute  in  his 
school  without  being  authorized  to  do  so  by  the  district  board. 
However,  it  would  be  within  the  authority  of  the  district  board 
to  ratify  such  an  action  of  a  teacher  in  case  of  an  emergency, 
providing  that  the  substitute  be  a  legally  qualified  teacher.  A 
teacher  under  contract  with  a  district  could  not  properly  demand 
of  the  district  payment  for  the  services  rendered  by  a  substitute 
appointed  by  him  without  authority.  However,  in  case  the  sub- 
stitute, a  legally  qualified  teacher,  were  permitted,  with  the 
knowledge 'of  the  district  board,  to  teach  the  school,  said  sub- 


OFFICIAL  DECISIONS.  181 

stitute  would  have  a  valid  claim  against  the  district  for  the 
value  of  the  services  rendered  by  him. 

Wages  continue,  when. — See  Closing  School. 
XI.    TEXT-BOOKS. 

Funds  for  purchase. — Text-books  may  be  paid  for  out  of  any 
funds  on  hand  belonging  to  the  general  fund,  to  the  incidental 
fund,  or  to  a  fund  especially  provided  for  this  purpose. 

Includes  supplies. — In  passing  upon  the  constitutionality  of 
the  free  text-book  law,  in  discussing  the  word  "supplies"  the  fol- 
lowing language  is  used  by  the  judge  rendering  the  decision: 
"We  do  not  think  the  term  'text-books'  should  be  given  a  tech- 
nical meaning,  but  that  it  is  comprehensive  enough  and  does  in- 
clude globes,  maps,  charts,  pens,  ink,  paper,  etc.,  and  all  other 
apparatus  and  appliances  which  are  proper  to  be  used  .in  the 
school  in  instructing  the  youth,  and  we  conclude,  therefore,  that 
the  act  under  consideration  is  not  broader  than  its  title,  and  that 
the  term  'school  supplies'  found  in  the  tenth  section  of  the  act  is 
not  foreign  to  the  term  'text-books'  found  in  the  title  of  the  act, 
but  is  germane  to  and  comprehended  and  included  within  the 
term  'text-books.' " 

Loaning  books. — The  law  provides  that  text-books  shall  be 
loaned  to  pupils  while  pursuing  a  course  of  study  in  the  schools. 
It  is  the  duty  of  the  board  of  education  to  place  books  at  the 
disposal  of  pupils  who  need  to  study  in  the  evenings.  If,  how- 
ever, in  the  judgment  of  the  teacher  and  the  board,  pupils  of 
certain  classes  cannot  study  profitably  outside  of  school  hours, 
it  is  proper  to  place  reasonable  restrictions  upon  the  use  of 
books  at  home  by  such  pupils  or  classes.  It  is  not  within  the  au- 
thority of  the  school  board  to  loan  text-books,  which  are  the 
property  of  the  district,  to  be  used  in  schools  held  outside  the 
district. 

Must  furnish. — Subdivision  18  of  the  School  Laws  is  manda- 
tory, and  it  is  not  within  the  authority  of  the  annual  district 
meeting  to  vote  not  to  furnish  text-books ;  and  under  this  law  any 
patron  of  the  district,  by  the  proper  legal  proceedings,  could 
compel  the  district  board  to  furnish  his  children,  pupils  in  the 
school,  the  necessary  text-books,  notwithstanding  any  action  or 
failure  to  act  on  the  part  of  the  district  meeting.  Some  patron 
of  the  district  should  apply  to  the  district  court  in  behalf  of  the 
district  for  a  writ  of  mandamus  to  compel  the  board  to  furnish 
to  the  children  of  the  district  the  necessary  text-books.  See  the 
case  of  Ambrose  Aff holder  et  al.  v.  State  of  Nebraska,  ex  rel 


182  SCHOOL  LAWS   OF   NEBRASKA. 

Peter  McMullen,  51  Neb.,  91.  In  this  case,  in  the  district  court 
of  Burt  county,  Peter  McMullen  made  application  for  a  per- 
emptory writ  of  mandamus  to  compel  Ambrose  Aff holder  and 
others  constituting  the  school  board  of  district  No.  %8  of  said 
county  to  purchase  and  furnish  to  the  children  of  school  age  of 
said  district  the  necessary  text-books  in  accordance  with  the  free 
text-book  law.  An  alternative  writ  was  issued,  and  for  a  re- 
turn thereto  the  school  board  interposed  the  defense  that  said 
act  was  unconstitutional.  The  writ  was  issued  as  prayed,  and 
the  school  board  appealed  the  case  to  the  supreme  court.  The 
supreme  court  sustained  the  district  court.  A  writ  of  mandamus 
will  not  issue  where  it  is  not  within  the  power  of  the  respondent 
lawfully  to  comply,  or  where  it  would  otherwise  be  unavailing. 
46  Neb.,  857. 

Pupils  responsible  for. — Section  9,  subdivision  18,  of  the 
School  Laws  provides  that  all  books  purchased  by  the  district 
board  shall  be  held  as  the  property  of  the  district  and  loaned  to 
pupils  of  the  school  while  pursuing  a  course  of  study  therein, 
free  of  charge;  but  the  district  board  shall  hold  such  pupils  re- 
sponsible for  any  damage  to,  loss  of,  or  failure  to  return  such 
books  at  the  time  and  to  the  person  that  may  be  designated  by 
the  board  of  such  district. 

XII.    TRANSFER. 

Annual  meeting  has  no  power. — The  transfer  of  pupils  pro- 
vided for  in  section  4a,  subdivision  5,  of  the  School  Laws,  is 
made  entirely  independent  of  any  action  of  the  annual  district 
meeting  of  either  district  affected.  In  other  words,  the  annual 
district  meeting  has  no  power  to  authorize  or  prevent  such 
transfer. 

Application. — The  application  for  transfer  must  be  made  not 
later  than  the  annual  meeting.  The  county  superintendent  may 
notify  the  directors  a  little  later,  but  the  county  superintendent 
should  be  notified  by  the  applicant  not  later  than  the  annual 
meeting  in  order  that  the  transfer  may  be  legally  made. 

Apportionment.— 1Children  transferred  to  an  adjoining  district 
under  section  4a,  subdivision  5,  are  included  in  the  census  of  said 
adjoining  district  and  their  share  of  the  apportionment  is  paid 
to  such  district.  There  is  no  statutory  provision  authorizing  the 
payment  of  a  pupil's  share  of  the  state  apportionment  to  the 
credit  of  any  district  other  than  that  in  which  said  pupil  is 
enumerated. 

Attend  nearest  school. — Pupils  transferred  from  one  district 


OFFICIAL   DECISIONS.  183 

to  another  under  section  4a,  subdivision  5,  should  attend  the 
nearest  school  of  the  adjoining  district. 

Cannot  be  retransf erred.— When  a  transfer  has  been  made 
under  section  4a,  subdivision  5,  it  becomes  a  matter  of  record. 
The  reports  from  the  two  districts  are  made  up  on  the  basis  of 
the  change,  the  school  apportionment  is  made  out  on  that  basis, 
the  taxes  of  the  party  have  been  transferred  and  there  seems  to 
be  no  way  by  which  he  may  be  retransferred  until  the  next  an- 
nual meeting. 

Cannot  be  transferred  to  a  second  party. — In  case  a  renter, 
who  has  his  children  and  taxes  transferred  to  an  adjoining  dis- 
trict under  section  4a,  subdivision  5,  removes  from  the  district, 
and  another  renter  occupies  the  residence  vacated  by  the  former, 
the  second  renter  would  have  free  school  privileges  only  in  the 
district  of  his  residence. 

Change  of  site. — If  a  transfer  was  made  before  a  change  of 
site  was  ordered  by  the  annual  meeting,  when  the  reasons  for 
granting  such  transfer  were  modified  by  such  change  of  site,  such 
a  transfer  would  become  null  and  void. 

Director  cannot  reject  transferred  pupils. — The  law  makes 
no  provision  for  the  director  of  an  adjoining  district  to  reject 
pupils  who  are  transferred  under  the  provisions  of  section  4a, 
subdivision  5. 

For  school  privileges  only. — Persons  transferred  under  sec- 
tion 4a,  subdivision  5,  are  still  legal  residents  of  the  district  of 
their  residence.  In  that  district  they  vote  on  school  matters, 
including  the  question  of  school  district  bonds.  They  are  not 
answerable  for  any  bonds  in  the  district  to  which  they  have  been 
transferred. 

Measuring  distance. — The  distances  spoken  of  in  section  4a, 
subdivision  5,  are  to  be  measured  by  the  shortest  route  possible 
upon  section  lines  or  roads  open  to  the  public.  Section  lines  are 
not  recognized  as  roads  within  the  meaning  of  section  4a  until 
they  have  been  declared  open  by  the  county  board.  If  the  sec- 
tion line  is  not  open  to  the  public,  it  is  not  to  be  taken  into  ac- 
count in  measuring  the  distance. 

Whenever  the  public  generally  is  permitted  to  travel  over  a 
certain  road  without  objection  or  hindrance  by  the  owner  of  the 
land,  and  the  road  is  used  to  some  extent  in  that  way,  such  a 
road  is  a  "traveled  road  open  to  the  public"  within  the  meaning 
of  section  4a. 

Railroad  bed  does  not  transfer. — Where  a  tract  of  land  upon 


184  SCHOOL   LAWS    OF    NEBRASKA. 

which  there  is  a  railroad  bed  is  transferred  under  the  provisions 
of  section  4a,  subdivision  5,  school  laws,  the  taxes  accruing  from 
such  railroad  bed  do  not  transfer. 

Renter. — A  renter  is  entitled  to  the  privileges  mentioned  in  sec- 
tion 4a,  subdivision  5.  The  county  clerk  is  empowered,  and  it 
is  made  his  duty,  to  place  the  school  taxes  (except  for  the  pay- 
ment of  existing  bonds  or  interest  on  the  same)  of  the  said 
parents  or  guardians  and  of  the  real  estate  on  which  they  reside, 
not  exceeding  a  quarter  section  of  land,  for  the  year  next  ensu- 
ing in  the  said  adjoining  district  instead  of  the  district  of  their 
residence.  Note  that  it  is  all  the  taxes  of  said  parents  or  guard- 
ians including  the  taxes  of  the  real  estate  on  which  said  parents 
or  guardians  reside,  notwithstanding  the  fact  that  they  may  be 
living  on  land  which  does  not  belong  to  them. 

Revocation. — The  county  superintendent  would  have  authority 
to  revoke  a  transfer  to  a  nearer  school  under  section  4a,  subdi- 
vision 5,  if  upon  investigation  he  finds  the  conditions  do  not 
comply  with  the  law.  If  it  is  granted  upon  misrepresentation,  it 
is  his  duty  to  revoke  the  transfer. 

Signatures  to  petition. — In  case  a  party  who  desires  to  be 
transferred  under  section  4a,  subdivision  5,  cannot  secure  signa- 
tures to  his  petition,  there  seems  to  be  no  way  in  which  the  trans- 
fer can  be  made. 

XIII.    VACCINATION. 

Compulsory. — There  is  no  express  statute  in  this  state  making 
vaccination  compulsory  or  imposing  it  as  a  condition  upon  the 
privilege  of  attending  our  public  schools,  neither  have  we  a 
supreme  court  decision  bearing  upon  this  particular  point.  Our 
supreme  court  has  decided,  however,  that  a  school  board  has  the 
power  to  adopt  and  enforce  appropriate  and  reasonable  rules 
and  regulations  for  the  government  and  management  of  the 
school  under  its  control.  The  question  of  the  right  of  a  school 
board  to  exclude  pupils  from  school  if  they  are  not  vaccinated 
has  been  passed  upon  by  the  supreme  court  of  Michigan.  The 
decision  rendered  is  to  the  effect  that  a  standing  rule  prohibit- 
ing unvaccinated  pupils  from  attending  school  could  not  be 
established,  though  temporarily  during  an  epidemic  the  board 
may  exclude  persons  who  have  not  been  vaccinated.  The  supreme 
court  of  Indiana  has  held  that  a  local  board  of  health  has  power 
to  require  that  no  unvaccinated  child  be  allowed  to  attend  the 
public  school  during  the  continuance  of  a  threatened  smallpox 
epidemic. 


OFFICIAL   DECISIONS.  185 

Under  the  existing  statutes  of  Nebraska  and  in  the  light  of 
these  supreme  court  decisions,  it  is  the  ruling  of  this  department 
that  a  standing  rule  prohibiting  unvaccinated  pupils  from  at- 
tending school  could  not  be  enforced,  though  temporarily 
during  an  epidemic  of  smallpox,  the  board  may  exclude  persons 
who  have  not  been  vaccinated. 

XIV.     VOTERS. 
Alien. — See  Alien. 

Amount  of  taxable  property  necessary. — Any  person  who 
has  resided  in  the  district  forty  days  and  is  twenty-one  years 
old,  and  who  owns  personal  property  that  was  assessed  in  the 
district  in  his  or  her  own  name  at  the  last  annual  assessment,  is 
entitled  to  vote  at  any  district  meeting.  The  law  places  no 
limit  as  to  the  amount  of  taxable  property  necessary  to  entitle 
the  holder  to  vote.  The  chairman  of  the  meeting  has  no  right 
to  demand  the  production  of  tax  receipts  by  persons  offering  to 
vote. 

Bond  election. — All  persons  who  are  qualified  to  vote  in  a 
school  district  meeting  are  entitled  to  vote  upon  the  proposition 
to  issue  bonds  of  the  district  whenever  such  question  is  properly 
submitted. 

Dower  interest. — The  ownership  of  real  property,  which  con- 
fers the  right  to  vote  at  a  district  meeting,  niust  be  an  actual  and 
present  ownership  such  as  would  entitle  the  voter  to  the  use 
and  control  of  the  property  in  question.  A  prospective  or  con- 
tingent right,  like  that  of  dower  or  curtesy,  would  not  constitute 
such  ownership  as  this  statute  requires.  Important  recent  de- 
cisions of  our  supreme  court  declare  the  right  of  dower  to  be  a 
"charge  or  incumbrance"  upon  the  property,  similar  in  its  effect 
to  a  mortgage  or  lien.  This,  however,  would  not  entitle  the  holder 
of  such  a  right  to  be  considered  as  a  voter  any  more  than  would 
the  holding  of  a  mortgage  confer  such  a  right  upon  the  mort- 
gagee. Therefore,  a  wife  who  has  no  children  of  school  age  and 
owns  no  real  property  in  her  own  name  and  no  personal  prop- 
erty assessed  in  her  name  at  the  last  annual  assessment,  would 
not  become  a  legal  voter  by  virtue  of  her  husband's  ownership 
of  such  property,  although  she  possesses  the  requisite  qualifica- 
tions of  age  and  residence;  nor  would  the  husband  become  a 
voter  simply  by  virtue  of  his  wife's  ownership  of  such  property. 

Homesteader. — The  courts  have  repeatedly  held  that  a  home- 
steader is  a  "freeholder"  within  the  meaning  of  that  term  as 
used  elsewhere  in  the  statutes.  This  clearly  implies  ownership 


186  SCHOOL   LAWS   OP   NEBRASKA. 

of  the  land  such  as  would  entitle  him  to  vote  at  an  annual  meet- 
ing under  the  statutory  provision  embraced  in  the  words  "who 
owns  real  property  in  the  district." 

A  young  lady  twenty-one  years  of  age  who  holds  a  homestead 
is  a  voter  at  the  annual  meeting. 

The  homesteader  votes  in  the  district  of  his  homestead,  and 
not  in  the  district  in  which  he  may  be  temporarily  working. 

Moderator. — See  Moderator. 

Penalty  for  illegal  voting. — "Any  person  who  shall  vote  in 
any  school  district  in  this  state  in  which  he  has  not  legally  re- 
sided ten  days,  or  such  length  of  time  as  required  by  law,  next 
preceding  the  election,  or  into  which  he  shall  have  come  for 
temporary  purposes  merely,  shall,  on  conviction  thereof,  be  fined 
in  any  sum  not  less  than  twenty-five  dollars  nor  more  than  one 
hundred  dollars,  or  be  imprisoned  in  the  jail  of  the  proper 
county  not  more  than  six  months."  Section  6846,  Criminal 
Code,  Compiled  Statutes  of  Nebraska  for  1901. 

Resident  of  unorganized  territory. — A  person  living  on  un- 
organized territory  has  no  vote  at  school  meetings  in  any  dis- 
trict by  reason  of  having  property  in  said  district.  Residence 
is  one  of  the  qualifications  necessary  to  be  a  voter. 

Temporary  absence. — A  person  having  all  the  necessary 
qualifications  to  vote  at  an  annual  school  district  meeting  may 
not  be  debarred  from  voting  from  the  fact  that  he  was  not  in 
the  district  the  prescribed  number  of  days  just  preceding  the 
election,  when  it  was  known  that  he  was  out  of  the  district 
temporarily  and  that  his  permanent  home  is  in  the  district. 

Transferred  persons. — A  transfer  in  accordance  with  section 
4a,  subdivision  5,  of  the  School  Laws,  is  for  school  purposes  only. 
A  person  whose  children  and  taxes  have  been  transferred  to  an 
adjoining  district  for  school  purposes  does  not  thereby  become 
a  legal  voter  of  such  adjoining  district.  Such  a  person  elected 
as  a  member  of  the  school  board  in  a  district  to  which  he  has 
been  transferred  would  not  be  a  legal  officer  in  that  district. 

Who  are  legal  voters? — Every  person,  male  or  female,  who 
has  resided  in  the  district  forty  days  and  is  twenty-one  years  old, 
and  who  owns  real  property  or  personal  property  that  was  as- 
sessed in  the  district  in  his  or  her  name  at  the  last  annual  assess- 
ment, or  who  has  children  of  school  age  residing  in  the  district, 
shall  be  entitled  to  vote  at  any  district  meeting  or  school  elec- 
tion held  in  any  district,  village  or  city. 

Women  vote  at  primaries. — Section  4,  subdivision  2,  chapter 


OFFICIAL   DECISIONS.  187 

79,  Compiled  Statutes,  confers  upon  women  having  the  necessary 
qualifications  the  right  to  vote  at  any  school  district  meeting  or 
school  election  held  in  any  district,  village  or  city.  This  statute 
also  confers  upon  women  possessing  such  qualifications  the  right 
to  vote  at  primaries  held  in  cities  for  the  nomination  of  mem- 
bers of  boards  of  education. 

XV.     WARRANTS. 

Draw  interest. — All  warrants  or  orders  issued  by  the  proper 
authorities  of  any  school  district  shall  draw  interest  from  and 
after  the  date  of  their  presentation  for  payment,  at  the  rate  of 
seven  per  cent  per  annum. 

Duplicate  for  lost  warrants. — See  section  22,  subdivision  11, 
School  Laws. 

Notice  to  holder  of  district's  ability  to  pay.— If  there  is  no 
money  on  hand  with  which  to  pay  warrants  when  presented,  the 
warrants  shall  be  registered  in  the  order  of  their  presentation, 
and  as  soon  as  there  are  funds  in  the  hands  of  the  district  treas- 
urer it  becomes  his  duty  to  notify  the  holder  of  the  registered 
warrants  and  to  pay  them  in  the  order  of  their  registration, 
regardless  of  when  the  tax  was  levied. 

Outlaw. — It  has  been  held  by  the  supreme  court  of  Nebraska 
that  the  statute  of  limitations  runs  for  or  against  school  dis- 
tricts the  same  as  for  or  against  individuals.  22  Neb.,  205. 

Payment. — See  section  15,  subdivision  11,  School  Laws. 

Payment  by  consolidated  districts. — Where  school  districts, 
having  registered  warrants  outstanding,  consolidate  into  one  dis- 
trict, said  warrants  should  be  paid  in  the  order  of  their  regis- 
tration, as  shown  by  the  date  of  the  endorsement  thereon,  with- 
out regard  to  which  of  the  original  districts  issued  the  warrants. 

Penalty  for  postponing  payment. — See  section  21,  subdivis- 
ion 11,  School  Laws. 

What  constitutes  a  fund  against  which  warrants  may 
be  drawn. — School  districts  have  no  powers  except  those  con- 
ferred by  statute  or  necessarily  implied  therefrom.  Their  ability 
to  pay  debts  is  restricted  by  laws  authorizing  them  to  levy  taxes, 
within  fixed  limits  only,  and  by  the  funds  arising  from  such 
levies,  from  fines  and  from  other  lawful  sources.  For  the  cur- 
rent expenses  of  running  their  schools  they  cannot  incur  in- 
debtedness greater  in  amount  than  their  revenue  from  all  sources, 
and  where  a  contract  for  such  expenses  provides  for  payment  of 
a  sum  in  excess  thereof  it  is,  to  that  extent,  void.  It  does  not 


188  SCHOOL   LAWS    OF    NEBRASKA. 

follow,  however,  that  taxes  must  actually  be  paid  into  the  treas- 
ury before  they  can  be  made  a  basis  for  incurring  debts.  The 
supreme  court  has  recently  said:  "Taxes  levied  at  the  annual 
school  meeting  held  just  prior  to  the  commencement  of  the 
school  year  constitute  a  fund  against  which  warrants  may  be 
drawn."  Zimmerman  v.  State,  83  N.  W.,  919. 


DECISIONS  WHICH  APPLY  ONLY  TO  EURAL  AND  VIL- 
LAGE SCHOOLS  AS  ORGANIZED  UNDER  SUBDIVIS- 
ION III,  WITH  A  BOARD  OF  THREE  MEMBERS. 

I.    ANNUAL  MEETING. 

Cannot  relieve  treasurer  of  responsibility  for  money 
lost. — It  is  not  within  the  authority  of  the  voters  at  the  annual 
meeting  to  release  a  treasurer  from  being  responsible  for  moneys 
paid  out  illegally  or  lost  by  him. 

Cannot  select  teacher  nor  determine  wages. — It  is  not 
within  the  authority  of  the  annual  meeting  to  determine  the 
wages  to  be  paid  to  a  teacher ;  the  school  board  is  the  proper  au- 
thority to  fix  teacher's  wages.  Neither  can  the  annual  meeting 
determine  whether  the  teacher  shall  be  male  or  female. 

Determine  length  of  term. — Section  14,  subdivision  2,  of  the 
school  laws,  provides  that  the  legal  voters  may  determine  at  each 
annual  meeting  the  length  of  time  a  school  shall  be  taught  in  the 
district  the  ensuing  year. 

II.     BOARD- — POWERS  AND  DUTIES. 

1.    The  Director. 

A  de  facto  officer. — Where  the  director  of  a  school  district  was 
"appointed  to  fill  a  vacancy  in  November,  1875,  and  accepted  the 
office,  and  thereafter  performed  all  the  duties  pertaining  to  the 
same  until  April,  1877,  held,  in  an  action  on  the  contract  of  a 
qualified  teacher,  signed  by  him  as  director  in  October,  1876,  that 
the  court  will  not  inquire  into  the  strict  legality  of  his  appoint- 
ment. He  being  a  de  facto  officer,  the  district  is  bound  by  his 
acts.  9  Neb.,  53. 

Contract  with  teacher. — It  is  the  duty  of  the  director  to  con- 
tract with  the  teacher  when  so  authorized  by  the  moderator  and 
treasurer,  but  should  he  refuse  to  make  such  contract,  then  it 
would  be  within  the  authority  of  the  moderator  and  treasurer  to 
make  the  contract.  The  moderator  and  treasurer  have  no  au- 


OFFICIAL    DECISIONS.  189 

thority  to  make  such  contract  until  they  have  given  the  director 
an  opportunity  to  make  it. 

Custodian. — The  director  is  the  proper  person  to  keep  the  rec- 
ords of  the  district. 

Delegate  authority. — The  director  of  a  school  district  cannot 
legally  delegate  to  his  wife,  or  to  any  other  person,  the  power 
to  act  in  his  stead  in  contracting  with  a  teacher.  However,  if 
such  director  should,  in  concurrence  with  one  or  more  members 
of  the  district  board,  employ  a  teacher  and  agree  upon  the  terms 
of  the  contract,  he  might  instruct  his  wife,  or  other  third  person 
to  draw  up  the  instrument  in  accordance  with  such  agreement 
and  sign  his  name  thereto;  then  it  would  be  his  contract.  The 
mere  physical  act  of  a  third  party's  writing  the  director's  name 
under  his  direction  does  not  involve  any  exercise  of  discretion 
or  judgment. 

Draw  orders  on  county  treasurer. — It  is  the  duty  of  the  dis- 
trict director  to  issue  orders  upon  the  county  treasurer  in  favor 
of  the  district  treasurer  for  money  on  hand  in  the  county  treas- 
ury, in  order  that  the  district  indebtedness  and  current  expenses 
may  be  properly  paid.  In  case  the  director  refuses  without 
sufficient  reason  to  issue  such  orders  upon  the  county  treasurer, 
he  may  be  compelled  to  do  so  b"y  mandamus  proceedings  in  the 
district  court.  See  22  Neb.,  52. 

Furnish  supplies. — Section  13,  subdivision  5,  of  School  Laws, 
provides  that  no  school  officer  shall  be  a  party  to  any  school 
contract  for  building  or  furnishing  supplies  except  in  his  official 
capacity  as  a  member  of  the  board.  This,  of  course,  does  not 
apply  to  supplies  furnished  in  any  other  manner  than  under  con- 
tract. Section  13,  subdivision  4,  expressly  states  that  the  director 
shall,  with  the  concurrence  of  the  other  members  of  the  board, 
provide  the  necessary  appendages  for  the  schoolhouse  and  keep 
an  account  of  all  expenses  incurred  by  him  as  director.  This 
section  clearly  implies  the  duty  of  the  director  to  provide  all 
necessary  supplies  in  such  a  manner  as  he  sees  fit  when  not 
otherwise  directed  by  the  board.  His  account  must  be  audited 
by  the  board;  and  if  any  items  are  found  incorrect  or  any 
charges  exorbitant,  corrections  can  be  made  at  any  tinle. 

Oath. — It  is  not  necessary  that  the  director  of  a  primary  (com- 
mon) school  district  take  the  oath  of  office.  His  filing  an  ac- 
ceptance and  assuming  the  duties  of  the  office  are  all  the  neces- 
sary steps. 

Official  certificate  of  director  evidence  of  due  notice  of 
calling  special  meeting. — The  official  certificate  of  the  director 


190  SCHOOL    LAWS   OF    NEBRASKA. 

of  a  school  district  that  notice  of  a  certain  special  school  meet- 
ing held  in  said  district  was  given  by  posting  up  notices  of  said 
meeting  twenty  days  before  the  holding  thereof,  in  three  of  the 
most  public  places  in  said  district,  which  certificate  was  intro- 
duced and  received  in  evidence  under  a  stipulation  of  parties,  in 
which  it  was  recited  that  such  "stipulation  is  for  the  purpose  of 
using  the  same  as  testimony,  instead  of  the  plaintiff  or  defendant 
being  obliged  to  take  depositions  to  prove  the  same,"  held,  to  be 
evidence  of  the  due  publication  of  the  notice  of  the  calling  of  such 
special  school  meeting.  21  Neb.,  725. 

No  power  to  act  alone. — The  duties  devolved  upon  the  mem- 
bers of  the  school  district  board,  or  upon  the  moderator  and  di- 
rector, by  section  8,  subdivision  4,  of  chapter  79,  Compiled 
Statutes,  can  only  be  performed  by  those  two  officers  acting  in 
conjunction.  Any  attempt  on  the  part  of  either  of  them  to  per- 
form such  duties  alone  and  without  the  joint  action  of  the  other, 
is  ineffective  and  void.  22  Neb.,  48. 

2.    The  Moderator. 

Cannot  be  compelled  to  sign  contract. — There  is  no  law 
compelling  a  moderator  to  sign  a  contract  for  supplies.  His 
signature  is  not  necessary  to  the  validity  of  the  contract,  but 
if  the  contract  was  made  at  a  meeting  of  which  he  had  no  notice, 
the  contract  itself  is  called  in  question.  It  has  been  decided 
that  such  contract  is  illegal.  A  contract  with  a  teacher  is  an 
exception  to  this  rule. 

Mandamus  will  compel  him  to  perform  his  duty. — A 
moderator  refused  to  sign  an  order  properly  drawn  upon  the 
treasurer  and  the  matter  was  submitted  for  adjudication  to  the 
county  superintendent,  who,  after  investigation,  found  that  the 
officer  refused  to  sign  the  order  for  insufficient  reasons.  Held, 
that  under  the  statute  the  county  superintendent  had  the  right, 
on  behalf  of  the  district,  to  apply  to  the  proper  court  for  a  writ 
of  mandamus  to  compel  the  officer  to  perform  his  duty.  35 
Neb.,  655. 

May  vote. — The  moderator  has  a  right  to  vote  at  school  district 
meetings  on  all  questions  pertaining  to  school  matters.  In  case 
of  a  tie  vote,  however,  he  could  not  cast  a  second  vote  to  break 
the  tie. 

No  power  to  act  alone. — See  Director. 

Oath  of  office  not  required. — A  moderator  of  a  school  district 
is  not  required  to  take  an  oath  of  office.  30  Neb.?  360. 


OFFICIAL    DECISIONS.  491 

Officer  de  facto. — "When  a  person  elected  to  the  office  of  mod- 
erator of  a  school  district  fails  to  file  with  the  director  of  the 
district  his  written  acceptance  of  the  office,  but  immediately 
after  his  election  enters  upon  the  discharge  of  his  official  duties, 
by  presiding  at  school  district  meetings,  countersigning  school 
orders  and  performing  all  other  duties  required  by  law  of  such 
officer,  without  objection  from  any  one,  for  more  than  a  year, 
held,  that  the  failure  to  file  a  written  acceptance  did  not  forfeit 
his  title  to  the  office.  30  Neb.,  360. 

Refusal  to  sign  report  to  county  clerk  of  lawful  tax 
levy. — One  B. ,  moderator  of  a  school  district,  refused  to  sign  a  re- 
port to  the  county  clerk  of  the  lawful  taxes  voted  by  his  district 
at  the  annual  meeting.  Held,  that  it  being  a  duty  enjoined  by 
law,  he  would  be  compelled  by  mandamus  to  sign  the  same.  11 
Neb.,  359. 

3.    The  Treasurer. 

Account  for  funds. — It  is  perfectly  proper  for  the  moderator 
and  director  at  any  time  to  demand  of  the  treasurer  that  he  ac- 
count for  funds  which  he  may  have  on  hand. 

Appears  for  district.— It  is  the  duty  of  the  treasurer  of  a 
school  district  to  appear  for  and  in  behalf  of  his  district  in  all 
suits  brought  by  or  against  the  same,  unless  other  directions 
are  given  by  the  qualified  voters  at  a  district  meeting,  ex- 
cept his  interests  are  adverse  to  the  district,  in  which  case  the 
director,  in  the  absence  of  other  directions,  shall  appear.  When 
the  action  is  not  brought  by  the  treasurer,  the  petition  should 
state  the  cause. 

Bond. — See  sections  4  and  8,  subdivision  4,  School  Laws. 

Custodian  of  funds.— The  statute  as  well  as  the  supreme 
court  recognizes  the  district  treasurer  as  the  legal  and  proper 
custodian  of  the  funds  for  his  district,  provided,  of  course,  the 
said  treasurer  has  furnished  bonds  as  provided  in  sections  4  and 
8,  subdivision  4,  School  Laws.  A  district,  treasurer  who  has 
complied  with  these  provisions  could  apply  to  the  district  court 
for  a  writ  of  mandamus  to  compel  the  director  and  moderator 
to  issue  warrants  on  the  county  treasurer  in  his  behalf  for  the 
funds  belonging  to  his  district. 

Hold  over. — In  case  a  district  treasurer-elect  fails  to  file  a  bond 
within  the  prescribed  time,  the  old  treasurer  holds  over,  if 
elected  to  the  office;  and  he  has  twenty  days  after  the  annual 
meeting  in  which  to  file  a  new  bond. 


192  SCHOOL   LAWS   OF   NEBRASKA. 

Liability. — Moneys  in  the  treasury  must  be  used  for  the  pur- 
pose of  paying  outstanding  warrants,  and  the  treasurer  is  liable 
under  his  bond  if  he  uses  money  for  any  other  purpose  as  long 
as  there  are  warrants  outstanding  against  the  fund. 

Must  not  pay  out  money  except  on  orders. — The  law  does 
not  contemplate  that  the  treasurer  shall  pay  any  bills  out  of 
moneys  belonging  to  the  district  except  through  the  regular 
channels :  viz.,  on  orders  drawn  by  the  director  and  countersigned 
by  the  moderator. 

Refusal  to  pay  orders. — If  the  treasurer  refuse  through  con- 
tumacy or  for  insufficient  reasons  to  pay  the  orders  legally 
drawn  upon  the  district,  it  shall  be  the  duty  of  the  county  super- 
intendent on  behalf  of  the  district  to  apply  to  the  proper  court 
for  a  writ  of  mandamus  to  compel  the  officer  to  perform  his 
duty. 

Release. — A  school  district  has  no  authority  to  release  its  treas- 
urer from  liability  for  money  lost  or  misapplied  by  him.  8 
Nebr.,  293. 

Surety. — The  director  and  moderator  should  not  become  surety 
upon  the  treasurer's  bond,  for  the  reason  that  they  are  the  offi- 
cers whose  duty  it  is  to  approve  such  bond;  but  after  having 
signed  the  bond  they  would  be  estopped  from  denying  the  validity 
of  the  same,  and  would  doubtless  be  held  liable  thereon  in  the 
event  of  the  defalcation  of  the  treasurer. 

Treasurer  and  his  banker. — It  is  not  within  the  power  of  the 
treasurer  of  a  school  district  by  a  general  deposit  of  funds  held 
by  virtue  of  his  office  to  create  between  such  district  and  his 
banker  the  relation  of  debtor  and  creditor.  A  banker  by  receiv- 
ing on  deposit  from  a  school  district  treasurer  funds  known  to 
be  held  by  the  latter  in  his  official  capacity  becomes  thereby  a 
trustee  for  the  beneficial  owner  with  respect  to  such  funds,  and 
the  same  may,  upon  his  insolvency,  be  recovered  by  the  owner 
as  a  preferred  claim  against  his  estate.  52  Neb.,  1. 

Writ  of  mandamus  cannot  issue,  when. — A  writ  of  man- 
damus cannot  issue  to  the  treasurer  of  a  school  district  requiring 
the  payment  by  him  of  an  order  payable  by  its  terms  at  a  fixed 
time  in  the  future  and  in  the  meantime  drawing  interest  at  a 
rate  per  centum  defined  by  the  terms  of  the  order  itself.  39 
Neb.,  570. 

4.    The  Board  as  a  Body. 

Acceptance. — In  a  primary  (common)  school  district  the  fail- 


OFFICIAL   DECISIONS.  193 

ure  of  an  officer-elect  to  file  his  acceptance  within  ten  days  after 
the  annual  meeting  does  not  forfeit  his  office.  His  entrance 
upon  the  discharge  of  the  duties  of  the  office  is  sufficient.  The 
filing  of  a  bond  by  the  treasurer-elect  is  held  to  be  sufficient  ac- 
ceptance. 

Admit  non-resident  pupil. — See  section  4,  subdivision  6, 
School  Laws. 

Appointment,  vacancy. — Where  a  tie  voto  occurs  in  the  elec- 
tion of  a  school  district  officer,  it  is  not  within  the  province  of 
the  county  superintendent  to  appoint  an  officer. 

An  outgoing  officer  is  not  competent  to  assist  in  appointing 
his  successor.  If  a  vacancy  exists  in  the  office  the  old  officer  is 
no  longer  competent  to  act  on  behalf  of  the  district,  and  such 
vacancy  can  be  filled  by  appointment  or  election. 

Audit  bills. — A  bill  against  a  school  district  should  be  made 
out  in  due  form,  itemized,  and  presented  to  the  board  for  their 
consideration.  Action  should  be  taken  thereon  and  the  warrant 
issued  in  accordance  with  such  action.  The  director  should  be 
justified  in  demanding  an  itemized  statement.  He  is  responsible 
for  drawing  orders  on  the  district  and  should  know  definitely 
for  what  purpose  the  money  of  the  district  is  used,  so  that  he 
may  be  able  to  report  to  the  voters  at  the  annual  meeting.  The 
director  must  also  make  out  an  itemized  statement  of  every  bill 
he  presents  for  expenses  incurred  by  him  in  his  official  capacity. 

Certain  contracts  not  binding  upon  districts. — A  contract 
entered  into  and  signed  by  persons  styling  themselves  as  director 
and  moderator  of  a  school  district,  is  their  individual  contract, 
and  not  binding  upon  the  district.  The  action  of  a  majority  of 
a  school  district  board  will  not  bind  the  district,  without  notice 
to  or  participation  therein  of  the  other  members.  4  Neb.,  245. 

De  facto. — in  case  a  person  assumes,  under  color  of  right,  a 
school  district  office,  and  performs  the  duties  of  such  office,  being 
permitted  by  the  district  in  the  discharge  of  such  duties,  he  is  a 
de  facto  officer  so  long  as  he  is  permitted  to  act  in  that  capacity, 
and  his  acts  as  such  officer  are  binding  upon  the  district 

Election. — Section  1,  subdivision  3,  of  the  School  Laws  provides 
that  school  district  officers  shall  be  elected  by  ballot.  However, 
in  case,  by  the  proper  motion  being  carried,  the  secretary  or  clerk 
is  instructed  to  cast  the  ballot  of  the  meeting  for  an  officer,  it 
would  be  construe^  to  be  an  election  by  ballot  within  the  mean- 
ing of  the  section  just  referred  to. 
7 


194  SCHOOL  LAWS   OF   NEBRASKA. 

A  plurality  vote  elects,  that  is,  the  one  receiving  the  highest 
number  of  votes  cast  is  elected. 

The  school  law  makes  no  provision  for  casting  lots  in  case  of 
a  tie  vote  on  member  of  a  school  board,  and  it  is  not  a  legal  pro- 
cess of  selecting  an  officer.  Another  ballot  should  be  taken. 

Where  a  district  officer  is  elected  by  acclamation  for  the  full 
term  at  the  annual  meeting  and  has  performed  the  duties  of  his 
office  for  a  time  extending  beyond  the  next  annual  election,  he  is 
entitled  to  the  office  the  full  term  for  which  he  was  elected. 

Furnish  supplies. — A  member  of  the  committee  on  purchase 
and  supplies  shall  not  be  a  party  to  furnish  supplies  to  the  dis- 
trict, except  in  his  official  capacity  as  a  member  of  the  board. 
See  section  13,  subdivision  5,  School  Laws,  1901. 

General  care  of  school. — The  district  school  boards  shall  have 
the  general  care  of  the  schools,  and  shall  have  the  power  to 
cause  pupils  to  be  taught  in  such  branches  and  classified  in  such 
grades  or  departments  as  may  seem  best  adapted  to  a  course  of 
study  which  the  school  boards  of  any  county  shall  establish  by 
the  consent  and  advice  of  the  county  superintendent  thereof,  and 
the  school  board  of  each  district  shall  cause  a  record  of  the  ad- 
vancement in  each  branch  of  study  of  all  the  pupils  to  be  kept 
in  a  book  to  be  provided  for  this  purpose;  and  it  is  hereby  made 
the  duty  of  each  district  board,  or  of  one  of  their  number  em- 
powered by  the  board,  to  attend  all  meetings  called  by  the  county 
superintendent  for  the  purpose  of  adopting  or  revising  a  course 
of  study  for  the  advancement  of  the  district  schools,  of  making 
rules  and  regulations  as  they  may  think  necessary  for  the  gov- 
ernment and  health  of  the  pupils,  and  of  devising  such  means  as 
may  seem  best  to  secure  regular  attendance  and  progress  of  chil- 
dren at  school.  See  section  3,  subdivision  5,  School  Laws. 

Hold  over. — When  a  person  elected  to  a  school  district  office 
fails  to  qualify,  the  old  officer  holds  over  till  his  successor  is 
elected  or  appointed  and  qualified,  unless  the  old  officer  holds 
his  office  by  appointment.  In  such  case  there  is  a  vacancy  and 
the  vacancy  may  be  filled  by  appointment  of  the  board,  or  at  an 
election  at  a  special  meeting  called  for  that  purpose. 

Liability. — The  other  members  of  the  board  should  not  be  sure- 
ties on  the  treasurer's  bond.  The  treasurer  should  not  be  al- 
lowed to  draw  money  from  the  county  treasury  until  his  bond  has 
been  filed  and  approved ;  and  the  individual  members  of  the  board 
authorizing  such  draft,  in  the  absence  of  the  necessary  bond, 
would  be  liable  to  the  district  for  any  loss  resulting  therefrom. 


OFFICIAL   DECISIONS.  195 

Qualification. — One  who  is  not  a  resident  of  a  school  district 
is  not  eligible  to  any  district  office  therein.  All  the  qualification 
necessary  for  a  school  district  officer  is  that  he  be  a  legal  voter 
in  the  school  district. 

Records  and  papers.— When  a  district  voter  is  legally  elected 
at  an  annual  meeting  to  a  school  district  office,  and  files  his  ac- 
ceptance within  ten  days  after  such  election,  he  is  entitled  to 
possession  of  the  books  and  papers  belonging  to  such  office  on  the 
second  Monday  of  July  following  his  election;  and  any  dispute 
that  may  arise  between  him  and  his  predecessor  is  no  ground 
for  the  remaining  members  of  the  board  to  declare  the  office 
vacant.  It  is  the  duty  of  the  outgoing  officer  to  turn  over  to  his 
successor  the  official  papers,  records,  etc.,  pertaining  to  his  office. 

Removal. — Two  members  of  a  school  board  cannot  of  their  own 
volition  remove  the  other  members  from  office.  The  only  way 
to  remove  a  school  district  officer  is  by  proper  action  before  a 
court  of  competent  jurisdiction. 

Resignation. — If  an  officer  resigns  at  an  annual  district  meet- 
ing, and  his  resignation  is  accepted  by  the  board  at  the  meeting, 
the  voters  present  may  elect  a  successor  to  complete  the  term 
of  office. 

The  general  rule  is  that  the  resignation  of  an  officer  should  be 
presented  to  the  board  or  the  officer  who  has  authority  to  fill  the 
vacancy  so  created.  At  the  time  of  the  annual  meeting  the  resig- 
nation of  a  district  officer  should  be  presented  to  the  meeting; 
at  any  other  time,  to  the  district  board. 

Sale  of  schoolhouse. — A  school  district  board  cannot  legally 
sell  a  schoolhouse  or  site  without  being  directed  to  do  so  by  the 
legal  voters  at  a  district  meeting.  When  the  district  has  so 
authorized  them  by  a  two-thirds  vote  (sec.  15,  sub.  2,  School 
Laws)  it  would  seem  proper  for  the  board  to  advertise  and  sell 
the  same  to  the  highest  bidder. 

Salary  provided  for  by  each  annual  meeting. — In  order 
legally  to  pay  the  school  district  officers  a  salary,  it  is  necessary 
that  provisions  for  such  payment  be  made  at  the  annual  district 
meeting;  but  it  is  not  within  the  authority  of  the  annual  meet- 
ing to  make  provision  for  the  payment  of  such  salary  for  more 
than  the  ensuing  year. 

Vacancy,  how  filled. — When  vacancies  occur  in  school  boards, 
the  vacancies  are  filled  by  appointment  or  by  election  at  a  special 
district  meeting.  If  by  appointment,  the  appointee  serves  until 
the  next  annual  meeting;  if  by  special  election,  he  serves  for  the 
remainder  of  the  unexpired  term. 


196  SCHOOL   LAWS    OF    NEBRASKA. 

III.     CONTRACTS. 

Board  member  must  not  have  pecuniary  interest. — Sec- 
tion 13  of  subdivision  5  reads  as  follows:  "No. school  officer  shall 
be  party  to  any  school  contract  for  building  or  furnishing  sup- 
plies, except  in  his  official  capacity  as  a  member  of  the  board.'' 
The  spirit  of  section  13,  subdivision  4,  seems  to  authorize  the 
director  to  furnish,  under  the  direction  of  the  board,  in  such  a 
way  as  he  may  see  fit,  such  supplies  and  repairs  as  are  necessary 
for  the  proper  maintenance  of  the  school.  It  seems  equally 
clear  that  the  statutes  give  the  district  board  no  authority  to 
make  extensive  repairs  or  to  incur  large  or  unusual  expenses 
without  the  consent  of  the  district  meeting.  Any  action  of  pub- 
lic officers  is  voidable  if  vitiated  by  fraud.  When  school  distinct 
officers  employ  each  other  for  services  to  the  district  involving 
pecuniary  profit,  the  transaction  bears  on  its  face  a  strong  sug- 
gestion of  collusion  and  fraud,  which  presumption,  however,  may 
be  avercome  by  competent  evidence  of  good  faith. 

Certain  contracts  not  binding  upon  district. — See  Board 
as  a  Body. 

Publisher's  contract. — The  text-book  law  does  not  require  the 
district  boards  to  enter  into  contract  for  a  term  of  years  with 
the  publishers.  It  is  left  entirely  to  the  board's  discretion,  but 
no  such  contract  can  be  legally  made  for  a  term  of  years  under 
the  provisions  of  this  act  until  the  proper  bond  is  filed  by  the 
publishers. 

Relationship. — "No  contract  with  a  teacher  shall  be  valid  un- 
less agreed  to  either  by  all  the  members  of  the  district  board 
or  by  two  members  of  such  board  who  are  not  related  to  the 
fourth  degree  to  the  said  teacher  and  whose  terms  of  office  ex- 
tend beyond  the  date  of  the  term  of  school  contracted  for."  In 
regard  to  a  relative  hiring  a  relative,  the  law  applies  to  questions 
of  consanguinity,  but  not  to  marital  relationship. 

Teacher's. — The  director  and  one  other  member  of  the  board 
may  contract  with  a  teacher  without  notifying  the  third  member, 
but  a  contract  made  by  the  other  members  of  the  board  without 
first  giving  the  director  an  opportunity  to  make  the  contract 
would  be  void.  They  may  make  a  valid  contract,  howrever,  if  the 
director  refuses  to  do  so.  See  section  11,  subdivision  4. 

IV.    COURSE  OF  STUDY. 

A  foreign  language. — If  it  is  the  wish  of  a  large  majority  of 
the  patrons  of  the  district  that  a  foreign  language  be  taught,  the 


OFFICIAL   DECISIONS.  197 

board  would  have  authority  to  allow  this  to  be  a  part  of  the 
course  of  study.  A  foreign  language  should  not  be  used  as  the 
medium  of  instruction  in  other  branches,  but  may  be  studied 
simply  as  a  language. 

Right  to  select  studies. — The  parent  has  a  right  to  make  a 
reasonable  selection  of  the  studies  he  desires  his  child  to  pursue 
from  the  course  prescribed  by  the  district  board,  and  this  selec- 
tion must  be  respected  by  the  trustees,  as  the  right  of  the  parent 
in  this  regard  is  superior  to  that  of  the  trustees  and  the  teacher. 
31  Neb.,  552. 

Who  prescribes  the  course  of  study. — See  "General  Ca e  of 
School1'  under  "Board  as  a  Body." 

V.    SCHOOLHOUSB. 

Care  and  custody  of. — This  question  has  given  rise  to  much 
controversy,  and  many  disputed  points  still  remain  unsettled. 
The  following  opinions  seem  to  be  well  founded: 

1.  The  schoolhouse  was  erected  for  school  purposes,  and  can- 
not legally  be  used  for  any  other  purpose  that  will  interfere  with 
its  use  for  this. 

2.  A  room  in  a  schoolhouse  not  needed  for  school  purposes 
may  be  leased  for  any  purpose  not  injurious  to  the  school  or  a 
detriment  to  the  usefulness  of  the  other  parts  of  the  building 
for  school  purposes;  but  the  contract  for  such  lease  cannot  ex- 
tend beyond  the  close  of  the  school  year. 

3.  The  right  to  determine  whether  a  schoolhouse  shall  be  used 
for  other  than  school  purposes  belongs  to  the  voters  of  the  district 
when  assembled  in  a  lawful  manner;  but  when  the  district  has 
not  acted  on  the  subject  the  board  has  control  until  some  action 
is  taken  by  the  district.    But  neither  board  nor  district  has  any 
right  to. allow  the  schoolhouse  to  be  used  in  such  a  way  as  to  in- 
terfere with  the  school. 

4.  If  the  voters  of  the  district  wish  to  use  the  schoolhouse  for 
meetings  of  various  kinds,  there  seems  to  be  no  good  reason  why 
they  may  not, so  use  it  so  long  r.s  they  do  not  interfere  with  the 
school  work.     The  decisions  of  the  supreme  courts  of  Indiana, 
Illinois,  Iowa,  and  many  other  states  confirm  this  view.    Kansas, 
New  Jersey  and  West  Virginia  confer  upon  the  trustees,  by  stat- 
ute, the  right  to  use  the  house  for  such  purposes.    In  the  absence 
of  any  decision  by  our  own  courts,  the  above  rulings  will  govern 
this  department. 

Insurance. — Section  5462,  chapter  43,  Compiled  Statutes  of  Ne- 


198  SCHOOL   LAWS   OF   NEBRASKA. 

braska  for  1901,  lists  country  schoolhouses  and  contents  among 
the  things  named  in  said  section  that  may  be  legally  insured  in 
mutual  insurance  companies. 

Number,  in  rural  district. — While  it  is  a  very  unwise  policy 
for  a  rural  district  to  have  its  money  invested  in  two  school- 
houses,  there  is  no  legal  objection  to  such  a  plan,  provided  free 
and  equal  privileges  are  given  to  each  and  every  pupil  in  the 
district. 

Plans  for  building.— Subject  to  certain  restrictions,  the  quali- 
fied electors  of  school  districts  are  entrusted  with  the  power  to 
determine  what  sort  of  a  schoolhouse  shall  be  erected,  and  the 
extent  of  the  expenditures  therefor ;  and  when  so  determined  the 
school  board  has  no  authority  to  change  the  same^  and  thus  bind 
the  district  for  an  increased  expenditure. 

Removal. — It  is  not  within  the  authority  of  the  voters  at  a 
special  meeting  to  move  the  schoolhouse.  This  may  be  done  at 
an  annual  meeting  only. 

Repair. — The  amount  of  money  to  be  used  in  the  repair  of  the 
schoolhouse  is  in  the  discretion  of  the  board  to  determine. 

Sale. — A  school  district  board  (other  than  in  cities)  cannot 
legally  sell  a  schoolhouse  or  site  without  being  directed  to  do  so 
by  the  legal  voters  at  a  district  meeting.  When  the  district  has 
so  authorized  them  by  a  two- thirds  vote  (section  15,  subdivision 
2)  it  would  seem  proper  for  the  board  to  advertise  and  sell  the 
same  to  the  highest  bidder. 

VI.     SCHOOLHOUSE  SITE. 

Adverse  possession. — When  a  school  district  has  held  open, 
notorious,  and  adverse  possession  of  a  certain  schoolhouse  site 
for  a  period  of  ten  years  or  more,  there  is  no  doubt  that  such 
site  is  the  legal  site  of  the  district. 

Improving. — A  school  district  has  a  right  to  put  down  a  well 
on  a  site  on  which  the  schoolhouse  is  located,  even  if  they  have 
no  deed  for  said  site. 

Lease. — If  a  school  district  fails  to  have  a  lease  for  its  school- 
house  site  recorded,  and  a  deed  is  given  to  another  party  for  land 
containing  said  site,  the  lease  the  district  has  from  the  first 
owner  is  no  longer  in  force.  It  is  necessary  to  secure  a  lease 
from  the  present  owner  and  have  it  recorded. 

Sale. — A  school  district'  board  cannot  legally  sell  a  schoolhouse 
or  site  without  being  directed  so  to  do  by  action  of  the  legal 
voters  at  a  district  meeting. 


OFFICIAL    DECISIONS.  199 

Selection  and  change. — The  phrase  "  designate  a  schoollu  use 
site,"  has  reference  to  the  first  location  of  a  schoolhouse  site  in 
a  newly  organized  district.  The  county  superintendent's  au- 
thority to  determine  where  such  site  shall  be  established,  when 
no  site  can  be  determined  upon  by  the  voters  of  the  district,  has 
reference  also  to  the  first  location  of  a  schoolhouse  site  in  a  newly 
organized  district.  The  county  superintendent  has  no  authority 
to  determine  the  schoolhouse  site  when  it  has  been  once  estab- 
lished. Neither  is  there  any  authority  for  adjourning  the  annual 
meeting  for  the  purpose  of  changing  the  site  when  once  estab- 
lished. The  supreme  court,  in  its  interpretation  of  the  law  in 
section  8,  subdivision  2,  School  Laws,  said :  "It  will  be  observed 
under  the  foregoing  statute  that  a  schoolhouse  site  when  once 
established  can  be  changed  only  at  an  annual  school  district 
meeting.  There  is  no  authority  of  law  for  changing  such  a  site 
at  a  special  meeting." 

Where  is  the  site? — The  literal  and  legal  schoolhouse  site  is 
the  place  actually  occupied  by  the  schoolhouse.  All  distances 
relative  to  site,  and  transfers  are  measured  from  the  schoolhouse. 
Therefore,  a  moving  of  the  schoolhouse  to  a  different  part  of  the 
school  grounds  is  a  change  of  site  and  can  be  done  only  under 
the  provisions  of  section  8,  subdivision  2,  School  Laws. 

VII.     SPECIAL  MEETING. 

Call. — Upon  the  presentation  of  a  petition  signed  by  five  legal 
voters  of  the  district,  the  board,  at  their  discretion,  or  any  mem- 
ber of  the  board,  may  call  a  special  meeting  by  posting  the 
proper  notices.  However,  it  is  not  obligatory  upon  the  members 
of  the  board  to  call  such  a  meeting. 

Cannot  determine  school  term.— A  special  school  district 
meeting  has  no  authority  to  determine  the  length  of  school  to  be 
held  in  the  district  the  ensuing  year,  nor  to  determine  at  what 
time  in  the  year  such  term  shall  be  held.  The  legal  action  of  the 
annual  meeting  upon  these  subjects  is  final. 

County  superintendent  may  call,  when.— In  case  a  district 
has  no  school  officers,  the  county  superintendent  should  call  a 
special  meeting  for  the  election  of  school  officers  upon  the  peti- 
tion of  five  legal  voters  of  said  district.  In  case  there  are  not 
five  legal  voters  in  said  district,  then  every  legal  voter  should 
sign  the  petition  for  a  special  meeting.  If  said  voters  should 
refuse  to  sign  such  petition,  then  the  county  superintendent 
should  apply  to  the  district  court  for  a  writ  of  mandamus  to 


200  SCHOOL   LAWS   OP   NEBRASKA. 

compel  such  voters  to  make  legal  provision  for  school  in  such 
district. 

Reconsider  action. — A  majority  of  the  legal  voters  of  a  dist- 
trict,  at  a  special  meeting,  may  reconsider  their  previous  action 
of  a  special  meeting. 

Questions  which  can  be  determined  only  at  an  annual  meeting 
cannot  be  changed  at  a  special  meeting. 

Validity. — No  business  can  be  transacted  at  a  special  district 
meeting  except  that  specified  in  the  call  for  said  meeting;  but 
the  fact  of  doing  business  not  mentioned  in  the  call  does  not  in- 
validate action  with  reference  to  business  which  was  specified 
in  the  call. 


INDEX 

TO 

SCHOOL  LAWS. 


ACADEMIES.       See     Corporations,      APPRAISAL. 


Educational,  135-144 
ACCEPTANCE  OF  OFFICE,  27 

filed  with  director,  27 
ACCOUNTS. 

city   districts,   audited  by  secre- 
tary, 77,  110 
county     superintendent,     sworn 

statement,  50,  51 
director,    audited   by  moderator 

and  treasurer,  34 
AGRICULTURAL      EXPERIMENT 

STATION,  131-134 
APPEAL, 
from    appraisal    of    echoolhouse 

site,  69 
APPOINTMENTS. 

county  superintendent,  by 

county  board,  54 
district  officers  by  county  super- 
intendent, 28,  41 
to  fill  vacancies,  28,  41 
treasurer  to  fill  vacancy,  SO 
APPORTIONMENT. 

moneys    to    several    districts    in 

one  city  or  village,  155 
state  school  funds — 
basis  of,  64 

constitutional  provisions,  10 
county    superintendent.       See 

School  Funds,  64 
certificate  of  apportionment, 

64 
certificate    of    financial    and 

census  reports,  65 
fractional  districts,  64 
new  district,  64 
record,  64 
forfeiture,  64 

excuse,  destruction  of  school- 
house,  epidemic,  26 
length  of  term  required  in  or- 
der to  share,  26 
new  district,  64 
state  superintendent,  56,  63 
warrant  for,  issued  by  audi- 
tor, 63        ^ 


school  lands,  146,  153 

site  for  schoolhouse,  condemned, 

69 
ARBITRATION. 

division  of  district  property,  20 
ATTENDANCE. 

at  nearer  school,  37 

compulsory,  102 
AUDITOR    OF    PUBLIC    AC- 
COUNTS. 

draw  warrants  for  state  appor- 
tionment, 63 

m^ay    examine    records    of    state 
superintendent,  55 

register  district  bonds,  95 
certificate  of  registration,  95 
detach    coupons    from    bonds, 
101 

require  statement  of  funds  from 

county  treasurers,  63 
BATTALION,  CADET,  129,  130 
BLANKS. 

county  superintendent  to  receive 
and  distribute.  54 

state  superintendent  to  prescribe 

'    and  publish,  54,  55,  120 
BOARD,  DISTRICT.     See  also  Offi- 
cers, District. 

appoint  to  fill  vacancies,  28,  30, 
41 

bonds,  district,  issued  by,  93 
statement  of  proceedings,  95 

care    of   schoolhouse    and   prop- 
erty, 37,  40 
outhouse,  40 

census,  report,  35 

classification  of  scholars,  37 

constituted,  how,  36 

contract  with  teacher,  33,  33 

course  of  study,  37,  42 

director,  clerk,  32 

grade  scholars,  37,  42 

high  school  district,  trustees,  42 

liability  for  loss  from  failure  to 
take  census,  35 

meetings,  fcpw  called,  notice,  36. 


(201) 


202 


INDEX. 


BOARD,  DISTRICT— Concluded. 

non-resident  pupils,  admitted  by, 
tuition,  37,  42 

oath  as  to  destruction  of  school- 
house,  or  epidemic,  26 

pupils — 

classified,  37,  42 
suspended  and  expelled,  39 

physiology  and  hygiene,  instruc- 
tion in,  59 

property,  sale,  39 

quorum,  36 

report  taxes  voted,  25,  36,  37 

rules  and  regulations,  37,  42 

sale  of  district  property,  39 

schoolhouse,     build,     hire,     pur- 
chase, 39 

suspension  of  pupils,  39 

treasurer's     office     declared    va- 
cant, 30,  32 

tuition,  determined  by,  37,  42 

vacancy,  how  filled,  28,  41,  42 
BOARD  OF  EDUCATION. 

city  districts,  75,  107 

state  normal  school,  70,  71 
BOARD       OF       EDUCATIONAL 
LANDS  AND  FUNDS,  9,  145 

BONDS,  DISTRICT,   93-100 
amount,  94 
city  districts,  93,  94,  113 

election,  80 

interest,  81 

purchase,  82 

sinking  fund,  81 
compromise  indebtedness,  99 

descriptions,   99 

negotiations,  99 

payment,  100 

petition,  100 

record,  100 
county  treasurer  liable  for  taxes 

collected,  97 
coupons  detached  by  auditor,  101 

description,  81 

election,  81,  114 
high  school  redemption  bonds,  98 

condition,  99 

description,  99 

issuance,  99 

payment,  99 

history  of  proceedings,  95 
payment,  97 
petition,  94 
purpose  of  issue,  94 
refunding  bonds,  98 

description,  98 

issue,  98 
payment,  98 


BONDS,  DISTRICT— Concluded. 
registration,  95 

certificate  of  auditor,  95 
non-registry,  96 
school  district  defined,  96 
sinking  fund,  96 

notice  by  publication,  97 
sinking  fund,  transfer  of  remain- 
der after  payment,  97 
statement    of    proceedings    (his- 
tory, 95 
taxes  for  payment,  96 

county  treasurer  liable  for  re- 
ceipts, 97 
excess,  96 
BONDS,  OFFICIAL. 

district  treasurer,  30,  31 
secretary    board     of    education, 

city  district,  77,  109 
treasurer  of  city  district,  77,  109 
BONDS,  PUBLISHERS,  119 
BOOKS,  TEXT,  119-121 
contract  with  publishers,  119-121 
form  of,  119-121 
violation  of,  penalty,  120 
damage  to,  121 
loaned  to  pupils,  121 
local  dealer  may  handle,  121 
payment  for,  120 
price  lists,  120  ^ 

property  of  district,  121 
publishers'  bond,  contract,  state- 
ment of  prices,  119 
pupils  may  borrow  or  purchase 

from  the  board,  121 
purchased  by  district  board,  119 
statement  of  prices,  120 
supplies,  121 
trusts,  120 

BOTANIST,  STATE,  122 
BUILDING  FUND. 

expended  under  direction  of  dis- 
trict, 25,  26 

tax  voted  at  annual  meeting,  25 
CADET  BATTALION,  129 
CALENDAR  BUSINESS,  5-8 
CENSUS  DISTRICT. 

city  districts,  35,  78,  111 
failure  to  take,  loss,  liability,  35 
oath  of  person  taking,  33 
taken  by  whom,  when,  33 
in  city  districts    (30  days),  34, 

78,  111 

CERTIFICATE, 
teacher's  (see  Teacher),  51,  57,  71, 

79 

city  districts,  79,  111 
college  and  normal,  59 
endorsement,  51 


INDEX. 


203 


CERTIFICATE— Concluded. 
teacher's — 
fee,  61 

necessary  to  contract,  32,  35 
renewal,  61 
revocation,  51,  52,  62,  79,  111 

CHALLENGE   OF   VOTER,   at   dis- 
trict meeting1,  23 

CHANCELLOR,    UNIVERSITY    OF 
NEBRASKA,  122,  12!) 

CHARITIES   AND   CORRECTIONS, 
161 

CHEMIST,  STATE,  122 

CHILD  LABOR,  159 

emi<:s.  i>ori  LATION,  25,000  TO 

40,000,  SCHOOLS  IN— 
board  of  education,  83-87 

accounts,  expenditures,  88 

attorney,  87 
bond  of,  87 

bond  of  members,  86 

control,  83 

election,   85 

election,  women,  84 

meeting's,  84 

oath  of  office,  84 

officers,   85 
president,  85 
secretary,  85 

oath,  bond,  86 
treasurer,  87 
bond  of,  87 
vice  president,  85 

quorum,   87 

salary  of  members,  85 

vacancies,  87 
bonds,  93 

purchase  before  maturity,  93 
census,  88 

control  of  funds,  93 
district,  body  corporate,  82 
estimate  of  expenses,  90 
funds,  control  of,  93 
interest,  30 

limitation  of  taxation,  bonds,  91 
payment  of  debts,  89 
property  and  funds,  87 
taxes,  92 

teacher's  certificate,  89 
sale  of  property,  89 
women,  election,  84 
warrants,  92 

CITIES."  SCHOOLS  IN,  74-82 
board   of   education,   75 

accounts  audited,  78 

appropriations,  78 

ballot,  76 

census,  78 

committee  on  claims,  78 


CITIES,   SCHOOLS  TN— Concluded. 

board  of  education- 
compensation,  76 
constituted,  how,  75 
control,  general,  74 
election  of  members,  75 
returns,   canvass,    76 
estimate   of  funds  needed,  80 
meetings,  76 

members  prohibited  from  con- 
tracting- with  district,  79 
oath  of  oilice,  76 
officers — 

election,  ballot,  76 
president,   77 

secretary,   duties,   bond,   77 
treasurer,    city   treasurer    ex 

ojficio,  77 
bond,  77 

vice  president,  77 
quorum,  78 
records,  subject  to  inspection, 

78 

report  to  county  superintend- 
ent,  78 

term  of  office,   75 
vacancies,  78 

how  filled,  78 
bonds,   81 
interest,  81 

purchase    before    maturity,    82 
sinking  fund,  81 
investment,   81 
securities,   sale  of,  82 
census,  33,  78 
certificate,  teachers',  78 
districts — 

changes  in  boundaries,  14 

funds,  77,   82 

name   and   style,   74 

property,  77,  79 

territory  outside  municipality, 

new  district,  73 
examining  committee,  79 
funds,    77 

control  of,  82 
indebtedness,  payment,  79 
property,   77 
sale   of,    79 

report    to    county    superintend- 
ent, 79 

superintendent  of  public  instruc- 
tion, election  of,  76 
taxes,  maximum  levy,  80 
warrants,  65 
CLASSIFICATION  OF  SCHOLARS, 

37,   42 

COLLEGES,    See    Corporations,   Ed- 
ucational. 


204 


INDEX. 


COLLEGES   OF   UNIVERSITY    OF 

NEBRASKA.     See  V.  of  N. 
COMMISSIONER    PUBLIC)    LANDS 

AND    BUILDINGS, 
give    deed    for    site    on    school 

land,   69 
COMMISSIONERS,    COUNTY.     See 

County  Board. 
COMMON   SCHOOLS, 

instruction  free,   10 
COMPROMISING  INDEBTED- 
NESS,    See  Bonds. 
COMPTROLLER'S   REPORT, 
metropolitan  city,  110,  111 
COMPULSORY    EDUCATION, 
attendance — 

evening  schools,  303 
exemptions,  102,  103 
physician's  examination,  103 

transportation,   free,   102 
list  of  delinquents,  102 
monthly  report  to  city  super- 
intendent,  103 

monthly  report  to  county  sup- 
erintendent, 103 
parochial   school,   102,   103,   104 
private  school,  102,  103,  104 
public  school,  102,  103,  104 
record  shall  be  kept,  103 
enumerators — 
duties  of,  105 

oath  of  parent  or  guardian,  106 
penalty  for  refusing,  106 
special   schools — 
equipments,   105 
truants  made  to  attend,  105 
truant  officers — 

boards  may  appoint,  104,  105 
compensation  of,  104 
complaint  filed  by,  105 
director  shall  act,  104,  105 
notice  to  parent,  104 
violation  of  act — 

penalty,  105 
CONCURRENT    RESOLUTION— 

Floral  Emblem,  162 
CONDEMNATION    OF    SITE    FOR 

SCHOOLHOUSE,  69 
CONSTITUTIONAL     PROVISIONS 
RELATIVE    TO    EDUCATION. 
ART.  VIII.,  9-11 
CONTRACT. 

officer  as  teacher,  29 

officer  with   district,  prohibited, 

41,  78,  97 

publishers,  text-books,  119 
form  of,  120 

violation  of,  penalty,  120 
teacher's,  324  33 


CONVEYANCE. 

district  property,  26 
CORPORATIONS,    EDUCATIONAL, 

135 

academies,  incorporation,   138 
capital  stock  increase,  139 

notice,    139 
colleges,   57-59,   135 
diplomas,  57,  59,  60,  143-144 
existing  corporations,  139 
faculties,   138 

foreign    corporations,    diplomas, 
degrees,    143 

status  ascertained,  143 
funds,  application,  how  changed, 

141 

holding  property  in  trust,   137 
incorporation,  60,  135 
legalization  of  acts,  145 
name,  change,  145 
Nebraska     University,     reorgan- 
ization, 144 

trustees,  power,  144 
normal  schools,  50,  70 
property,    appraisal,    135 
stock  (see  Capital  Stock),  139 
stockholders,  liability,  140 
trustees,  body  politic,  140 

election,  136 

powers,    136,   142,   144 
universities,  incorporation,  141 

trustees,  appointment,  powers, 

136,  142 
COSTS. 

appraisal  of  site,  69 
COUNTY  BOARD, 
appoint    county    superintendent 

to  fill  vacancy,  54 
appropriation  for  institute  fund, 

61 

assess  taxes  on  division  of  dis- 
trict property,  18 
levy   of   taxes,    voted   at   annual 

meeting,  25 
salary  of  county  superintendent 

determined  by,  50 
COUNTY  CLERK, 
levy  taxes,  37 

notice  of  election  of  county  su- 
perintendent, 50 
transfer  taxes,  38 
COUNTY  SUPERINTENDENT,   50- 

55 

account,  statement  of,  50,  61 
appoint  appraisers  of  site,  60 

district  officers,  28,  41,  42 
appointment      of,      by      county 

board,  to  fill  vacancy,  55 


INDEX. 


205 


COUNTY  SWPT.— Continued. 

apportionment    of    state    school 

fund,   64 

certificate  of,  65 
record,  64 

blanks   and   communications   re- 
ceived from  state  superintend- 
ent, dispose  of,  54 
bond,  21 

books,  deliver  to  successor,  53 
certificate   of  financial  and  cen- 
sus reports,  65 
certificates,     teachers'     (see 

Teacher),  51,  57 
branches  required,  51,  52,  59 
endorsement,  51 
form,  51 
grades,  52 
record,  52 
revocation,  52,  62 

hearing-,  52 
compensation,  22 
districts  created  and  boundaries 

changed,  13-20 
action,   discretionary,   14 

obligatory,    14 
notice  to  taxable  inhabitant, 

16 

new  notice,  28 
petitions,  filed,  16 
property,  division,  17-20 
record,   17 
report,  19 
division  of  district  property,  17- 

20 

arbtration,  20 

certificate  of  amount  due,  18 
division  of  district  property — 

sale   of  schoolhouse,   18 
duty  to  attend  institute,  16 
election,  50 

examination  of  teachers,   51 
notice,  51 
penalty,    51 
institutes,  60-62 
kinds  of,  55,  60,  61 
fund,  disbursement,  61 
statement,  61 
normal,  must  attend,  61 
lectures,  53 

mandamus,  application  for2  29 
map   of  districts,   19 
notices — 

arbitration,     division     district 

property,  20 
formation  of  district,  15 

new  notice,  28 

report  of  director,  when  due, 
54 


COUNTY  SUPT.— Concluded. 
notices — 

transfer  of  pupils  to  adjoining 

district,  38 

oaths,  administered  by,  36 
papers,    delivered  to  successor,  53 
petitions,   filed,    16 
record,  16,  53 

deliver    (with    books    and    pa- 
pers) to  successor,  53 
reports — 

change  in  district  boundaries, 

19 

dismembered   district,    20 
district,  examination  of,  54 

notice,  when  due,  54 
to  state  superintendent,  54 
to  superintendents  of  institute 
for    the    blind    and   institute 
for  the  deaf,  54,  55 
salary,     determined     by    county 

board,  50 
site  of   schoolhouse,  determined 

by,  24 
statement  of  account,   51 

institute  fund,  61 
term  of  office,  50 
time  allowed,  50 
transfer   of   pupils   to   adjoining 

district,  38 
notice  of  same,  38 
vacancy  in   office,  how  filled,   54 
visit  schools,  53 
COUNTY  TREASURER, 
adjust  tax  list,   19 
collect     and    pay    over    district 

taxes,  37 
fee  for  receiving  and  disbursing 

apportionment,  prohibited,  64 
COURSE  OF  STUDY, 
high  school  district,  42 
primary  district,  37 
DECISIONS.     See  Official  Decisions, 
163-200.     See  also  index  to  official 

decisions. 
DEED. 

district  property,  26 
moderator   sign   and   acknowl- 
edge, 26 
record,  27 

site  on  school  land,   69 
DEGREES. 

foreign  corporations,   143 
University   of  Nebraska,   124 
DEPUTY  STATE  SUPERINTEND- 

DENT. 

duties,  salary,  56 
DIPLOMAS. 

college  and  normal,  59 


206 


INDEX. 


DIPLOM  A  S— Von  dud ed . 
foreign   corporations,   114 
Nebraska    State   Normal   School, 

70-73 

state  normal  in  other  states  en- 
dorsement, 57 

University  of  Nebraska,  110 
DIRECTOR.     See  Officers,  District. 
DISTRICTS, 
body,  corporate,  13,  74 
debts,  21 
denned,  13 
dismembered,  21,  22 
disturbance  of  meeting,  fine,  30 
extent  of,   15 

formation   and   division,   13-20 
attachment   of  portion  to   ad- 
joining' district,  15,  16 
changes        on        account        of 

streams,  15 
county    divided    into    districts, 

13 

discontinuance  of  district,  15 
discretion    of    county   superin- 
tendent, 14 
extent  of   district,   15 
list  of  voters,  15 
new  district,  when  formed,  13 
notice  of  petition,  14 
to  taxable  inhabitant,  16 
new  notice,  28 
record,    17 
return,   16 
to  voters,  16 
petition,  14 

may  not  be  refused,  when,  14 
property,  division  of,  17-20 
amount  due  in  installments, 

17 
assessment       by       county 

board,  18 
certificate  of,  18 
arbitration,  award  fees,  20 
bonded  indebtedness,  charge 

upon   original   district,   17 
report  of  change,  19 
return  of  notice,  16 
sale  of  schoolhouse,  18 
tax    list    adjusted    by    county 

treasurer,  19 
two  districts  made  from  one, 

15 

high  school,  organization,  41,  42 
indebtedness,  compromise  bonds, 

.  ?9 

joint   districts,   20 

appertionment  to,   64 
name  and  style,,  13,  74 
organization,  17,  28,  41 


DISTRICTS— Concluded. 

unbonded   indebtedness,    19 
unsatisfactory  division,  20 
property,   division   of,    17-20 
represented     in      litigation      by 

treasurer,   31 
DISTRICT    BOARD.      See     Board, 

District. 

DISTRICT    OFFICERS.      See    Offi- 
cers, District. 
EDUCATIONAL    CORPORATIONS. 

See  Corporations,  Educational. 
ELECTIONS. 

county  superintendent,   50 

notice  of  by   county  clerk,  50 
district  officers,   27,  28 

board    members    in    city    dis- 
tricts, see  Schools  in  Cities. 
trustees    of    high    school    dis- 
trict, 42 

to  vote  district  bonds,  94 
EMBEZZLEMENT,    district   funds, 

64 

ENTOMOLOGIST,   STATE,   122 
EXAMINATION    OF    TEACHERS. 

See  Teacher. 

EXAMINING   COMMITTEES.      See 
City  Schools. 

EXPENDITURES,  ESTIMATE  OF, 

34,  43 
FEES. 

examination,  teachers,  61 
matriculation,         State         Normal 

School,  72 
registration,    normal    certificate, 

diploma,  72 
FINES,  10,  62,  63 
FLORAL     EMBLEM      (Resolution), 

162 
FUNDS,    COMMON    SCHOOL.      See 

Sclwol  Funds. 
FUNDS,  DISTRICT, 
appropriation,  40 
building,  25 
disbursements,  40 
misuse  of,  embezzlement,  64 
payment  to   unqualified   teacher 

prohibited,  33,  40 
teachers' — 

division  of,  on  creation  of  dis- 
trict,   19 

transfer  of  money,  26 
turned    over    by    treasurer    to 

successor,  31 

FUNDS,  INSTITUTE,  61,  72 
FUNDS,  NORMAL  SCHOOL,  72 
library,  72 


INDEX. 


207 


FUNDS,  TEACHERS', 
apportionment,   64 
appropriation,  40 
division  of,  upon  creation  of  dis- 
trict, 19 

GEOLOGIST,  STATE,   122 
GOLDEN  ROD. 

floral  emblem  for  Nebraska,  162 
GOVERNOR, 
may    examine   records    of    state 

superintendent,   55 
GRADING  OF  SCHOLARS,  37-42 
HIGH    SCHOOL   DISTRICTS,   41-49 
board  of  trustees,  organization, 

42 

course  of  study,  42 
election  of  officers,  42 
estimate  of  taxes,  43 
free  attendance,  43 

cost  of  attendance  must  be  re- 
ported  to    county    board,    44 
expense  of  adjunct  district,  44, 

45 
non-resident    pupils,    admission, 

tuition,  42 
officers,     election,     appointment, 

42 

organization  of  district,  41 
powers  and  duties,  42 
receipts  and  expenditures,  state- 
ment of,   43 

rules    and   regulations,  42 
rural  hig'h  school,  45 
teachers,  employment  of,  42 
II  Kill        SCHOOL       REDEMPTION 

BONDS,  98 
HOUSE,  SCHOOL, 
building-  of,  25,  38 
care  of,  35 
lease,  25,  38 
purchase,  25 
sale  of,  18,  37 
site  for,  how  designated,  24 
change  of,  24 

INDEBTEDNESS,   DISTRICT, 
bonded,  remains  a  charge  upon 

original  district,  18 
compromise  bonds,  99 
unbonded,  considered  in  division 

of  property,  19 

INSTITUTES,  TEACHERS',  60-62 
county,  53,  60 
revocation    of    certificate    for 

failure  te  attend,  61 
schools     closed     during1    insti- 
tute, 61 
fund,   61 

disbursement,  61 
fee,   examination,  61 


INSTITUTES,  TEACHERS'— Cow. 
fund — 

statement   of    county    superin- 
tendent, 62 
normal,  55 
INSTRUCTION  IN 

neighboring  districts,  39 
INSTRUCTION  FREE 

in  common  schools,  10 
INTEREST. 

district  bonds,  94 
district  warrants  or  orders,  65 
JOINT  DISTRICTS, 
apportionment  to,  64 
formation,  20 
reports,   20 
JOINT    RESOLUTION,    "The    Tree 

Plantevs'  State,"  162 
JUNIOR  NORMAL  SCHOOLS,  73 
LANDS,  SCHOOL, 
abstracts,  146 
account  with  county  treasurers, 

147 

applications    for    lease — require- 
ments, 150 
appraisers,  fees,  153 
appraisement,  146 
assignment,  153 
board  meeting,  145,  146 
board  of  educational  lands   and 

funds,    145 

charge  to  grand  jury,  154 
complaint,  154 
county  treasurer,  153 
deed,  148 
default    of    semi-annual    rental, 

150 

destroying  timber,  154 
disposition   of  funds,    155 
extension  for  final  payment,  148 
fees,  153 

fines  and  penalties,  155 
funds,  disposition,  155 
improvements,   153 
interest,  148 
invest  fund,  146 
lease,  applications,  150 
partial  payment,  148 
payment  extended,  148 
purchase  by  church  or  cemetery 

association,  148 

purchase  by  school  district,  148 
reappraisement,  146 
records,  147 
rental,  default,  150 
sale,  148 
subdivision    into    lets,    expense, 

153 
surrender  portion,  148 


208 


INDEX. 


LANDS,  SCHOOL— Con eluded. 
taxation,  149 
timber  destroying",  154 
trespass,  154 
LIBRARIES,  PUBLIC. 

deposit  of  reading  matter,  159 
directors,  appointment,  term   of 

onice,  157 

powers  and  duties,  157 
report,  158 
donations,   159 
establishment,  157 
exemptions,  159 
free    to   inhabitants    of    city   or 

town,   158 
funds,  168 

librarian,  appointment,  compen- 
sation,  158 

penalties,  how  recovered,  159 
report  of  directors,  158 
rules  and  regulations,  159 

amendments,  159 
taxes,  157 

LIBRARY  COMMISSION,  161 
LICENSES,  10,  62,  63,  155 
MANDAMUS,   29 
MATRICULATION   FEES. 
State  Normal  School,  72 
University  of  Nebraska,  121 
MEETINGS,  DISTRICT. 

annual  meeting,  time,  place,   22 

determine  length   of  term,   26 

director,  clerk,  32 

estimate  of  expenditures,  34 

statement  of  assessed  ralu- 

tion,  36 

statement  of  orders  drawn,34 
minutes    read,    corrected,    ap- 
proved, 34 

•ite     for     schoolhouse     desig- 
nated,   changed,    24 
taxes  voted,  maximum,  25 

building:  fund,  25 
clerk  pro  tern.,  32 
determine    amount    of    expendi- 
tures, 25 
directions  as  to  prosecution  or 

defense  of  suit,  27 
disturbance,    arrest,    30 
election  of  officers,  27,  42 
high  school  districts,  41-49 
lease  of  house  or  site,  authorize, 

24 

moderator   presides,  29 
•notice,    23 

org-aaization  of  new  district,  17 
notice,  16,  28 
return  of  notice,  17 
record,   17 


MEETINGS,  DISTRICT— Concluded. 
president  pro   tern.,   30 
purchase  house  or  site,   author- 
ize,  24 

sale  of  district  property  author- 
ize, 26 
special  meetings,  22 

called     upon     request     of     five 

voters,   22 
notice,   contests,  23 
transfer  of  funds,  26 
voters,  qualifications,  23 
challenge,  23,  24 
oath,  23 

penalty  for  perjury,  24 
rejection  of  vote,  24 
METROPOLITAN  CITIES, 
SCHOOLS  IN,  107,  118 
board  of  education,  107 
census,  111 
control    of    schools,    property, 

etc.,  107 

election  of  members,  108 
election  of  superintendent  and 

teachers,  109 
meetings,   108 

members  prohibited  from  con- 
tracting with   district,   111 
oath  of  office,  108 
officers,  109 
order  vote   upon   the  issuance 

of  bonds,   113 
powers,  108,  109,  110 
quorum,  110 

report  to  city  council  estimate 
of      amounts      required     for 
school  purposes,  112 
report  to  county   superintend- 
ent,  111 
bonds,    election,   rate   per   cent., 

sale,  113 

investment,  description,  pay- 
ment, purchase,  sinking 
fund,  113 

committee  on  claims,  110 
comptroller  of  city,  examine  rec- 
ords and  accounts,  report,  110 
debts     of     superseded     districts, 

payment,  bonds,  112 
district,  body  corporate,  107 

division  of,  112 
elections,   114 
canvass,  116 

deposit   of    ballots,    117 
list  of  voters,  116 
oath,  117 

opening  the  polls,  116 
poll  books,   115 
proclamation,  114 


INDEX. 


209 


METROPOLITAN     CITIES, 

SCHOOLS  IN— Concluded. 
elections — 

proof  of  residence,  118 
secretary,   109 
special  elections,  117 
superintendent,    108 
teachers,  108,  109 
voters,   115 

women  may  vote,  oath,  117 
examining-  committee,   111 
funds,   disposition  of,  114 
president,  109 
property,  107 
sale  of,  111 
secretary,    109 
bond,  oath,  109 
duties  of,  109 

audit  accounts,  110 
election,   109 

superintendent  of  school  build- 
ings, 109 

taxes,  levied  by  city  council, 
maximum  rate,  payment,  107, 
113 

teachers,   109,  111 
certificates,  111 

revocation,   111 
election,  109 
training"  school,  118 
treasurer,    treasurer   of    city   em 

offtcto,  bond,  110 
vice  president,  109 
MODERATOR,    See  Officers. 
MONTH,  SCHOOL,  58 
NARCOTICS,  STIMULANTS,  59 
NORMAL  INSTITUTE,  55 
NORMAL  SCHOOL,  STATE, 
admission  of  pupils,  70 
board  of  education,  70 

appointment  of  members,  70 
appointment       of       principal, 

teachers,  etc.,  70 
compensation,  70 
expenses,   70 
meeting's,  71 
officers,  70 

secretary,  record,  report,  70 
officers — 

treasurer,  state  treasurer  ex 

ojficio,  70 
record,   70 
removal  of  principal,  teachers, 

etc.,  70 
report,  TO 

rules    and   reg-ulations,    71 
state  superintendent,  ex  ojftclo 
member,  70 


NORMAL  SCHOOLS,  STATE—  Con- 
cluded. 
officers — 

state  treasurer  ex  ojficio  mem- 
ber, 70 

vacancies,  how  filled,  70 
certificate  from  common  school 

course,  71 
registration  in  office  of  county 

superintendent,    73 
fee,   72 
revocation,  62 
diplomas,  71 

life  diploma,  lapse,  71,  72 
registration  in  office  of  county 

superintendent,   72 
fee,  72 

dormitory,  72 
endowment,  72 
fee,  matriculation,  f2 

registration,  72 
funds,  72 
control,  72 
disbursement,  72 
endowment,  72 
library,   72 
examination    for    admission    to, 

53 

morals,   71 

principal,  appointment,  duties,71 
pupils,  admission  of,  73 
purpose,   72 

religious   tests   prohibited,   71 
teachers,  appointment,  70 

NORMAL      SCHOOLS,      PRIVATE. 

See  Corporations,  Educational. 

NOTICES. 

county  superintendent,  to  direc- 
tor to  transfer  pupils,  38 
to  districts  to  appoint  arbitra- 
tors, 20 

to  county  clerk  of  transfer,  38 
to  taxable  inhabitant  of  new 

district,   16 
new  notices,  28 
district  meetings,  23,  34 
parent  to  county  superintendent, 

transfer  of  pupils,  38 
petition      to       change       district 

boundary,  14 
school,  33 
taxable  inhabitant,  10 

new  notices,  28 
OATH,  OFFICIAL, 
board  members  in  city  districts, 

75,  108 

secretary  of  board  of  education, 
109,  110 


210 


INDEX. 


OATHS, 
as  to  destruction  of  schoolhouse, 

or  epidemic,  26 

county   superintendent  may  ad- 
minister, 36 

statement  of   account  and  in- 
stitute fund,  50,  51 
person  taking-  census,  33 
report  of  director,  35 
voter  at  district  meeting-,  23 
in  metropolitan  cities,   117 
OFFICERS,    DISTRICT.      See    also 

Board,  District. 
acceptance  of  office,  27 

filed  with   director,   27 
appointment  by  board,  41 
appointment  by  county  superin- 
tendent, 28,  41,  42 
contract    with    district    prohib- 
ited, 41 
director — 

acceptance  of  office,  27 
account  of   expenses,   audited, 

34 

appear  for  district,  when,  31 
approval    of   teacher's    report, 

58 
approval  of   treasurer's   bond, 

30 

census  taken  by,  33 
clerk  of  district  board  and  dis- 
trict meeting's,  32 
contract  with  teacher,  32,  33 
demand,  with  moderator,  new 

bond  of  treasurer,  31,  32 
draw  order  and  warrants,  31 

34 
present  same  to  moderator, 

35 

estimate  of  expenditures,  34 
make     complaint    for    non-at- 
tendance of  pupils  between  7 
and  15  years  of  age,  104,  105 
minutes  of  meeting"  read   and 

approved,  34 
notice  of  meeting-,  34 
notice  of  school,  33 
preserve  books  and  papers,  32 
record   proceeding's,    17,   32 
repairs,  34 

report  to  county  superintend- 
ent,  35,   36 
director — 

statement    of    assessed    valua- 
tion, 36 

statement  of  orders  drawn,  34 
election  at  annual  meeting,   27, 

42 
at  special  meeting,  41 


OFFICERS,  DISTRICT— Continued. 
moderator — 
acceptance  of  office,  27 
approval  bond  of  treasurer,  30 
contract  with  teacher,  32 
demand,    with    director,     new 

bond  of  treasurer,  32 
orders,  countersign,  29,  34 

refusal,  mandamus,  23 
preside  at  district  meetings,  29 
record  of  orders  and  warrants 

issued,  35 
remove    or    arrest    disorderly 

person  at  meeting,  30 
payment  for  services,  34 
refusal  to  sign  or  pay  orders,  29 
county      superintendent    in- 
vestigate, 29 
mandamus,  29 
teach,  when,  29 
term  of  office,  22,  27,  28,  42 

appointed  to  fill  vacancies,  28 
beginning  of,  22 
election  at  special  meeting,  29 
first  year  in  new  district,  27 
high  school  district,  42 
treasurer — 

acceptance  of  office,  27 
appear  for  district  in  suits,  31 
appointment  to  fill  vacancy,  28, 

41,  42 

bond,  30,  31 
approval    by     director    and 

moderator,  30 
city  districts,  77-109 
director     file     with     county 

clerk,  30 

failure  of  sureties,  31 
file  with  director,  30 
liability    of    principal,    sure- 
ties, 32 
new   bond,    31 
contract  with   teacher,   32 
election    to    fill    vacancy    de- 
clared, 32 

misuse     of     funds,     embezzle- 
ment, 64 

payment  of  orders,  31 
receipt  of  moneys  from  county 

treasurer,  31 

record  of  receipts  and  expen- 
ditures, 31 

register  unpaid  warrants,  65 
failure  to  register,  penalty, 

66 
keep  books,  66 

failure  to  keep,  penalty,  66 
notify  holder    of  warrants,  66 
failure  to  notify,  penalty,  66 


INDEX, 


211 


OFFICERS,  DISTRICT— Concluded. 
treasurer — 

report  to    annual   meeting  re- 
ceipts   and    expenditures,    31 
turn  over  to  successor  official 
books,  papers,  and  funds,  31 
vacancy  filled  by  appointment, 

28,   41,   42 

by  special  meeting-,  32 
racancy   in    office,    how    filled, 

28,   30,  41 

OFFICIAL      DECISIONS,      163-200. 

See  also  index  to  official  decisions. 

ORDERS,     DISTRICT.      See     also 

Warrants. 
countersigned  by  moderator,  29, 

31,  35 

drawn  by  director,  29,  31,  34 
endorsement,   65 
interest,   65 
payable,  when,  65 
record  kept  by  moderator,   35 
registration,  65 
statement  of,  34 

PAUPER      CHILDREN,      EDUCA- 
TION OF,  49 

tuition  paid  by  county  board,  49 
PENALIT1ES.     See  Fines. 
PERMANENT ,     SCHOOL      FUND. 

See  Funds. 
PETITIONS, 
for  officer  to  teach,  29 
to  call  election  to  vote  bonds,  82 
to     create     district     or     change 

boundaries,  14 
change  affecting  cities,  15 
list  of  voters,  15 
notice,  14 

to  issue  compromise  bonds,  99 
PHYSIOLOGY  AND  HYGIENE,  59 
PRICE  LISTS,  TEXT-BOOKS,  120 
PROFESSIONAL  CERTIFICATES. 

See  Certificates,  58 
PROFESSORS.     See  University. 
PROPERTY, 
district — 

care  and  custody  of,  40 
division    of,    on    formation    of 

district,  17 
lease,  39 
purchase,  39 
sale,  26,  39,  79,  111 
granted     for     educational     pur- 
poses, 9 

taxable,  statement  of,  37 
PUPILS. 

agre,  10,  33,  3.7 

attendance  at  nearer  school,  37 

census,  33 


PUPILS— Concluded. 
expulsion,  39 
grading,  37,  42 
non-resident,  tuition,  37 
normal  school,  admission,  73 
purchase  books  of  board,  119 
suspension,  39 
QUORUM. 

board     of     education,     city    dis- 
tricts, 78,  110 
district  board,  36 
RECORDS. 

director,  17,  32 

moderator,  35 

secretary,    in    city    districts,    77, 

109 

treasurer,  district,  31 
REFORM   SCHOOL,   11 
REFUNDING  BONDS.     See  Bonds. 
REGENTS.     See  Universitu. 
REPAIRS,  34 
REPORTS. 

county  superintendent,  19 
director,  32,  35 
joint  districts,  20 
taxes  voted,  25,  36 
teacher,  58 
REVERSION    OF    SCHOOLHOUSE 

SITE.    See  Site. 
RULES  AND  REGULATIONS, 
city  districts,  76,  107,  108 
district  board,  37 
high  school  board,  42 
normal  school,  71 
state     superintendent     prescribe 
for  county  superintendents,  54 
rural  high  school,  45-48 
SCHOLARS.    See  also  Pupils. 
age,  10,  33 
census,  33 
grading,  37,  42 
SCHOOL,  defined,  13 
SCHOOL  DISTRICT.    See  District. 
SCHOOL  FUNDS,  62-68 
SCHOOLHOUSE. 
building,  25,  39 
care  and  custody  of,  40 
lease,  25,  39 
purchase,  25,  39 
sale,  18,  26,  39 
site — 

condemnation,  69 
appraisal,  damages,  69 
appeal,  69 
fees  and  costs,  69 
limitations,  69 
reversion  of  title,  69 
conveyance,  26 
designated  and  changed,  24 


212 


INDEX. 


SCHOOLHOUSE— Concluded. 
site — 

lease,  25,  39 
purchase,  25,  39 
sale,  26,  39 
school  land,  69 
deed  by  land  commissioner, 

69 

title  to,  40 

SCHOOL  LANDS.    See  Lands. 
SCHOOL  LAWS. 

printing  and  distribution,  55,  56 
SCHOOL  MONTH,  58 
SCHOOL  YEAR,  BEGINNING  OF, 

22 

SCHOOLS  IN  CITIES.    See  Cities. 
SCHOOLS      IN      METROPOLITAN 
CITIES.   See  Metropolitan  Cities. 
SCIENTIFIC    TEMPERANCE     IN- 
STRUCTION, 59 
examinations,  59 

SECTARIAN  INSTRUCTION  PRO- 
HIBITED, 11 
SITE,  24,  69 
title  to,  40 

STATE  SUPERINTENDENT, 
apportionment    of    state    school 

funds,  56,  57 
blank  forms,  54,  55 
certificates,  58 
decide  disputed  points  in  school 

law,  55 

deputy,  duties,  salary,  56 
determine  free  high  schools,  43 
examination,  teachers',  58 
member  normal  school  board  ex 

offlcio,  70 
normal    diplomas,    endorsement, 

57 

normal  institute,  55 
office,  open  to  inspection  .of  the 

governor  and  others,  55 
price   lists   of   books,   print   and 

distribute,   120 
prescribe  forms,  55 
professional     state     certificates, 

58 
report  of  county  superintendent, 

54 

report  to  governor,  56 
rules       and       instructions       for 

county  superintendents,  54 
school  laws,  print  and  distribute, 

55,  56 

visit  schools,  55 
STATE  TREASURER, 
collect  securities  of  school  fund, 

156 
exhibit  of  school  funds,  63 


STATE  TREASURER— Con e/w/erf. 
member  of  board  ,of  educational 

lands  and  funds,  9 
member  normal  school  board,  ex 

officio,  70 

STATE    UNIVERSITY.      See    Uni- 
versity of  Nebraska. 
STIMULANTS    AND    NARCOTICS, 

59 
SUPERINTENDENT    OF    PUBLIC 

INSTRUCTION, 
city.  See  City  Superintendent,  76 
county.     See  County  Superintend- 
ent, 50 

state.   See  State  Superintendent,  55, 
SUITS  AT  LAW. 
district  meeting  direct,  27 
treasurer  appear  for  district,  31 
SUPPLIES,  34 

SUPREME  COURT  DECISIONS. 
See  Official  Decisions,  163-200.     See 

also  Index  to  official  dec-Is  ions. 
TAXES. 

bonds,  district,  payment  of,  97 
city  districts,  80,  107,  113 
collection,  36,  37, 
district,  21 
estimate  of,  34,  43 
levy,  25,  36,  37 
lists,     adjusted     on,     change    in 

boundaries,  20 
maximum  rate,  25 
paid     to    district    treasurer    on 

order,  37 

state  levy.    See  School  Funds. 
transfer  by  county  clerk,  38 
voted  at  annual  meeting,  25 
building  fund,   25 
reported  by  board,  36,  37 
TEACHER,  57-60 
certificates — 

city  districts,  79 
I       revocation,  79 

college    and    normal    gradu- 
ates, 59 
county — 

branches  required,  51,  52 
endorsement,  51 
form,  51 
grades,  52 
record,  53 
renewal,  61 
revocation,  51,  52,  62 
necessary   to    contract,   32,   33, 

40 

normal  school,  71,  72 
endorsement,  foreign,  57 
registration,  fee,  72 
revocation,  62 


INDEX. 


213 


TEA  CltER— Conclude*. 

certificates — 
state,  58 

branches  required,   59 
examination,  58,  59 
lapse,  58,  59 

without  examination,  59 
contract,  32,  33 

certificate  necessary,  32,  33,  40 
district  officer,  on  petition,  29 
examination,  51,  59,  79 

branches  required,  51,  52,  59 
notice,  57 
qualifications,  57 
unqualified  teacher  may  not  be 

paid  district  money,  33,  40 
report  to   director,  monthly  ap- 
proval,  50 

TEACHERS'  1'TND.     See  Funds. 
TEAT  Halts'  INSTITUTE.     See  In- 
stitute. 
TEMPORARY  —  SCHOOL       FUND. 

See  Fund. 
TERM,  SCHOOL. 

length,     determined    by     annual 

meeting,  26 
necessary  to  entitle  district  to 

apportionment,  26 
TEXT-BOOKS.    See  Books. 
TRAINING    SCHOOL.      See    Metro- 
politan Cities. 

TRANSFER  OF  FUNDS,  26 
TRANSPORTATION  OF  PUPILS, 

39 

TREASURERS. 

county.    See  C  oil  nil/  Treasurer. 
district.    See  Officers,  District. 
state.  See  8ta1e  Treasurer. 
TREE   PLANTERS'    STATE   (Joint 

Resolution),  162 
TRUANT  OFFICER,  104,  105 
TRUSTEES.     See  Higli  School  Dis- 
tricts  and    Corporations   Educa- 
tional. 

TRUSTS,  TEXT-BOOK,  120 
TUITION. 

non-resident  pupils,   37 
pauper  children,  paid  by  county 

board,  49 
TUTORS     OF     UNIVERSITY     OF 

NEBRASKA.     See  University. 
UNIVERSITIES.     See  Corporations, 

Educational. 

UNIVERSITY  OF  NEBRASKA,  121 
admission  of  students,  110 
agricultural  experiment  station, 

131 

acceptance  by  state,  132 
appropriation  for,  133 


UNIVERSITY     OF     NEBRASKA— 

Continued. 

agricultural  experiment  station- 
preamble,  131,  132 

treasurer,  134 
trustees,  regents,   134 
battalion,  cadet,  129 
board  of  regents,  11,  124,  134 

body  corporate,  122 

buildings,  329 

compensation,  11,  129 

diplomas  and  degrees  granted 
by,  57,  124 

election,  11,  122 

meetings,  129 

'powers  and  duties,  11,  122,  129, 
134 

report  to  governor,  125 

term  of  office,  11 

vacancies,  how  filled,  122 
cadet  battalion,  129 

arms,  equipment,  130 

officers,  130 

reports,  130,  13J. 
chairs  of  instruction,  123 
chancellor,  chief  educator,  com- 
pensation, election,  122,  129 
colleges  authorized,  government 
of,  123 

fine  arts,  123 

industrial,    123 

law,  123 

literature,  science,  and  art,  123 

medicine,  123 
degrees,  124 
diplomas,  124 
endowment  fund,  125,  126 
faculties,  122,  129 
fees,  124 
funds,   125,    129 

endowment,  125,  126 

library,  124 

regents,  125,  129 
government,  11,  123,  129 
instruction — 

chairs  of,  123 

non-sectarian,  11 
library  fund,  124 
location,   123 
matriculation  fee,  124 
model  farm,  lands,  123 
name,  establishment,  121 
professors,  election  of,  122,  129 

compensation,  122,  129 

duties,  122,  129 

property,    under   control    of   re- 
gents, 122 
regents.    See  Board  of  Regents,  11, 

122,  129 


214 


INDEX. 


UNIVERSITY     OF     NEBRASKA— 

Concluded. 
reorganisation,  131 
rewards  of  merit,  124 
steward,  election,  compensation, 

122,  129 
students — 

admission  of,  124 

assistance  of,  125 

distinction  prohibited,  125 

scientific  course,  125 
text-books,  125 
treasurer,  128 

abolition  of,  129 
state     treasurer,     custodian     of 

funds,    129 

VACANCIES  IN  OFFICE, 
board,  district,  27,  30,  41,  42 

denned,  41 

treasurer's   office,  30 

filled  by  district  meeting1,  32 
board  of  education — 

city  districts,  78,  87 

state  normal  school,  70 
county  superintendent,  55 
VALUATION  OF  TAXABLE  PROP- 
ERTY—statement,  36 
VOTERS. 

challenge,  234  24 

oath,  23 


VOTERS— Concluded. 
challenge — 

penalty  for  perjury,  24 

rejection  of  vote,  24 
city  districts — • 

lists,  116,  117 

oath,  117 
qualification,   23 
VOTING,  161 

illegal,  penalty  for,  161 
WARRANTS. 

on  county  treasurer — 

countersigned    by    moderator, 
29,  31,  35 

drawn  by  director,  29,  31,  35 

record  1  ftpt  by  moderator,  35 
on  district  treasurer — 

countersigned    by    moderator, 
29,  31,  35 

drawn  by  director,  29,  31,  35 
.on  district  treasurer — 

endorsement,  65 

interest,  65 
payment,  when,  65 

record,  kept  by  moderator,  35 

lost,  duplicate  for,  67 

investment  of  sinking-  fund  in, 
67 

penalty,  67 

statement  of,  34 


INDEX 

TO 

OFFICIAL  DECISIONS. 


DECISIONS    WHICH    APPLY    TO 

ALL  DISTRICTS,  168-188 
Alien,  168 

legal  voter,  when,  168 
Bible     Reading-     in     the     Public 
Schools,  168-171 

supreme     court     decision     on, 

168-171 

Board — Powers  and  Duties,  171- 
173 

cannot  borrow  money,  171 

discharge    teacher    for    cause, 
171 

expel  pupil,  171 

reinstatement  of  pupils,  172 

relative    authority    of    school 
officers  and  parents,  172 

rent    rooms    for    school    pur- 
poses, 172 

require  teacher  to  show  certi- 
ficate, 172 

right  to  excuse  for  absence  or 
tardiness,  172 

when      primary     pupils      may 

enter,  173 
Closing  School,  173-174 

burning  of  schoolhouse,  173 

epidemic  disease,  173 

holidays,  173-174 

lost  time,  174 
Contracts,  174 

equally   binding1   on   both   par- 
ties, 174 

oral,  174 

teacher  cannot  set  aside,   174 
Punishment,    175 

corporal,  175 
Pupils,  175-177 

control    of,    while    off    school 
premises,  175,  176 

detaining-   after   school  hours, 
176 

expulsion   and   suspension,   176 

female — majority  at  eighteen, 
175 

free  school  privileges,  177 


DECISIONS    WHICH    APPLY    TO 
ALL   DISTRICTS— Continued. 

Pupils- 
graduation     does    not    forfeit 

school  privileges,  177 
may  be  excluded  if  exposed  to 

contagious  disease,  177 
punishment,  175 

Residence,  177 

Scientific  Temperance,  177 

The  Teacher,  178-181 
certificate,    180 
compensation,  179,  180 
contracts,  178 
discharge  of,   178,   179 
employment,  178 
not  an  officer,  178 
refusal  to  pay  wages,  180 
rules   and   regulations,   180 
substitute,  180 

Text-Books,   181-182 

funds  for  purchase,  181 
includes  supplies,   181 
loaning  books,  181 
must  furnish,  181,  182 
pupils  responsible  for,  182 

Transfer,  182-184 
annual  meeting-  has  no  power, 

182 

application,  182 
apportionment,    182 
attend  nearest  school,  182 
cannot  be  retransferred,  183 
cannot  be  transferred  to  sec- 
ond party,  183 
change  of  site,  183 
director    cannot    reject    trans- 
ferred pupils,  183 
for   school  privileges   only,  183 
measuring-   distance,    183 
railroad    bed  does  not  transfer, 

183,  184 
renter,  184 
revocation,  184 
signatures  to  petition,  184 


(215) 


216 


INDEX. 


DECISIONS    WHICH    APPLY    TO 

ALL  DISTRICTS—  Concluded. 
Vaccination,  184,  185 

compulsory,  184 
Voters,  185-J87 

alien.     See  Alien. 

amount    of    taxable    property 
necessary,  185 

bond  election,  185 

dower  interest,  185 

homesteader,  185,  186 

moderator.     See  Moderator,  190 

penalty   for  illegal  voting,   186 

resident  of  unorganized  terri- 
tory,   186 

temporary  absence,   186 

transferred   persons,    186 

who  are  legal  voters,  186 

women  vote  at  primaries,  186, 

187 
Warrants,  187,  188 

draw  interest,  187 

duplicate  for  lost,  187 

notice   to    holder  .of   district's 
liability  to  pay,  187 

outlaw,  187 

payment,  187 

payment   by  consolidated  dis- 
tricts,   187 

penalty    for    postponing    pay- 
ment, 187 

what  constitutes  fund  against 
which      warrants      may      be 
drawn,  187,  J.88 
DECISIONS  WHICH  APPLY  ONLY 

TO     RURAL    AND     VILLAGE 

SCHOOLS,  188-200 
Annual  Meeting,  188 

cannot  relieve  treasurer  of  re- 
sponsibility for  money,  188 

cannot  select  teacher  nor  de- 
termine wages,  188 

determine  length  of  term,  188 
Board — Powers  and  Duties,  188- 
195 

board  as  a  body,  192-195 
acceptance,  192 
admit  non-resident  pupils,193 
appointment,  vacancy,  193 
audit  bills,  193 
certain    contracts    not    bind- 
ing upon  district,   193 
de  facto,  193 
election,  193,  194 
furnish  supplies,  194 
general  care  of  school,  194 
hold  over,  194 
liability,  194 
qualification,  195 


DECISIONS  WHICH  APPLY  ONLY 
TO     RURAL     AND     VILLAGE 
SCHOOLS— Con  tin  ited. 
Board — as  a  body — 

records  and  papers,  195 
removal,  195 
resignation,   195 
sale  of  schoolhouse,  195 
salary    provided    for    by    an- 
nual meeting,  195 
vacancy,  how  filled,  195 
director,'  188-190 

a  defacto  officer,  188 
contract  with  teacher,  188-189 
custodian,    189 
delegate  authority,  189 
draw  orders  on  county  treas- 
urer, 189 

furnish  supplies,  189 
oath,  190 

official  certificate  of,  due  no- 
tice     of      calling      special 
meeting,  189 
no  power  to  act  alone,  190 

moderator,  190,  191 

contract,     cannot     be     com- 
pelled to  sign,  190 
mandamup,  190 
may  vote,  190 
no  power  to  act  alone.     See 

Director. 

oath  not  required,  190 
officer  de  facto,  191 
refusal    to    sign    report    to 
county   clerk   of   tax   levy, 
191 
treasurer,  191-193 

account  for  funds,  191 

appears  for  district,  191 

bond,  191 

custodian  of  funds,  191 

hold  over,  191 

liability,  192 

must  not  pay  money  except 

on  orders,  192 
refusal  to  pay  orders,  192 
release,  192 
surety,  192 

treasurer  and  his  banker,  192 
writ    of    mandamus    cannot 

issue,  when,  192 
Contracts,  196 
board  member  must  not  have 

pecuniary  interest  in,  196 
certain,  not  binding  upon  dis- 
trict, 196 
publisher's,  196 
relationship,    195 
teacher's  196 


INDEX. 


217 


DECISIONS  WHICH  APPLY  ONLY 

TO     RURAL     AND     VILLAGE 

SCHOOLS— Continued. 
Course  of  Study2  196,  197 

foreign  language,  196 

right  to  select  studies,  197 

who  prescribes  the,  197 
Schoolhonse,  197,  198 

care  and  custody  of,  197 

insurance,   197 

number,   in  rural   district,    198 

plans  for  building,  198 

removal,   198 

repair,  198 

sale,  198 
Schoolhouse   Site,   198,  199 

adverse  possession,  198 


DECISIONS  WHICH  APPLY  ONLY 

TO     RURAL     AND     VILLAGE 

SCHOOLS— Concluded. 
Schoolhouse  Site- 
improving,  198 

lease,  198 

sale,  198 

selection   and   change,   199 

where  is  the  site,  199 
Special  Meeting,  199,  200 

call,  199 

cannot  determine  school  term, 
199 

county      superintendent     may 
call,  when,  199 

reconsider  actionz  200 

validity,  200 


re  06574 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


THIS  VOLUME  IS  PUBLIC  PROPERTY. 


It  is  to  be  kept  in  the  custody  of  the  school 
officers,  and  produced  by  them  at  all  meetings 
of  the  district,  for  consultation  by  the  voters, 
and  must  be  delivered  to  their  successors  in 
office.  One  copy  only  is  furnished  each  school 
district. 


19O3-19O4 


